Page:United States Statutes at Large Volume 90 Part 2.djvu/1103

 PUBLIC LAW 94-553—OCT. 19, 1976

90 STAT. 2 5 7 1

(b) A certificate of acknowledgement is not required for the validity of a transfer, but is prima facie evidence of the execution of the transfer if— (1) i n the case of a transfer executed in the United States, the certificate is issued by a person authorized to administer oaths within the United States; or (2) in the case of a transfer executed in a foreign country, the certificate is issued by a diplomatic or consular officer of the - ' United States, or by a person authorized to administer oaths whose authority is proved by a certificate of such an officer. § 205. Recordation of transfers and other documents 17 USC 205. (a) CONDITIONS FOR RECORDATION.—Any transfer of c o p y r i g h t own-

ership or other document pertaining to a copyright may be recorded in the Copyright Office if the document filed for recordation bears the actual signature of the person who executed it, or if it is accompanied by a sworn or official certification that it is a true copy of the original, signed document. (b)

CERTIFICATE OF RECORDATION.—The Register of

Copyrights

shall, upon receipt of a document as provided by subsection (a) and of the fee provided by section 708, record the document and return it with a certificate of recordation. (c) RECORDATION AS CONSTRUCTIVE NOTICE.—Recordation of a docu-

ment in the Copyright Office gives all persons constructive notice of the facts stated in the recorded document, but only if— (1) the document, or material attached to it, specifically identifies the work to which it pertains so that, after the document is indexed by the Register of Copyrights, it would be revealed by a reasonable search under the title or registration number of the work; and (2) registration has been made for the work. (d) RECORDATION AS PREREQUISITE TO I N F R I N G E M E N T S U I T. — N o per-

son claiming by virtue of a transfer to be the owner of copyright o r of any exclusive r i g h t under a copyright is entitled to institute a n infringement action under this title until the instrument of transfer under which such person claims has been recorded i n the C o p y r i g h t Office, b u t suit may be instituted after such recordation on a cause of action that arose before recordation. (e) PRIORITY B E T W E E N CONFLICTING TRANSFERS.—As between t w o

conflicting transfers, the one executed first prevails if it is rexK)rded, in the manner required to give constructive notice under subsection (c), within one month after its execution in the United States o r within t w o months after its execution outside the United States, o r 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 p a y royalties, and without notice of the earlier transfer. (f) PRIORITY B E T W E E N CONFLICTING TRANSFER OF O W N E R S H I P AND

NONEXCLUSIVE LICENSE.—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— (1) the license was taken before execution of the transfer; or (2) the license was taken in good faith before recordation of the transfer and without notice of it.

'

�