Page:H.R. Rep. No. 94-1476 (1976) Page 274.djvu

 {|cellpadding="3"  style="font-size:smaller" !width="33%" valign="top" align="center" |TEXT ADOPTED BY SENATE !width="33%" valign="top" align="center" |TEXT OF EXISTING LAW !width="33%" valign="top" align="center" |TEXT OF COMMITTEE SUBSTITUTE AMENDMENT
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 * (e) —As between two conflicting transfers, the one executed first prevails if it is recorded, in the manner required to give constructive notice under subsection (c), within one month after its execution in the United States or within two months after its execution abroad, or at any time before recordation in such manner of the later transfer. Otherwise the later transfer prevails if recorded first in such manner, and if taken in good faith, for valuable consideration or on the basis of a binding promise to pay royalties, and without notice of the earlier transfer.
 * (e) —As between two conflicting transfers, the one executed first prevails if it is recorded, in the manner required to give constructive notice under subsection (c), within one month after its execution in the United States or within two months after its execution outside the United States, or at any time before recordation in such manner of the later transfer. Otherwise the later transfer prevails if recorded first in such manner, and if taken in good faith, for valuable consideration or on the basis of a binding promise to pay royalties, and without notice of the earlier transfer.
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 * (f) —A nonexclusive license, whether recorded or not, prevails over a conflicting transfer of copyright ownership if the license is evidenced by a written instrument signed by the owner of the rights licensed or his duly authorized agent, and if—
 * (f) —A nonexclusive license, whether recorded or not, prevails over a conflicting transfer of copyright ownership if the license is evidenced by a written instrument signed by the owner of the rights licensed or such owner’s duly authorized agent, and if—
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 * (1) the license was taken before execution of the transfer; or
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 * (1) the license was taken before execution of the transfer; or
 * (1) the license was taken before execution of the transfer; or


 * (1) the license was taken before execution of the transfer; or
 * (1) the license was taken before execution of the transfer; or
 * (1) the license was taken before execution of the transfer; or


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 * (2) the license was taken in good faith before recordation of the transfer and without notice of it.
 * (2) the license was taken in good faith before recordation of the transfer and without notice of it.


 * (2) the license was taken in good faith before recordation of the transfer and without notice of it.
 * (2) the license was taken in good faith before recordation of the transfer and without notice of it.
 * (2) the license was taken in good faith before recordation of the transfer and without notice of it.


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