Page:Compendium of US Copyright Office Practices, II (1984).pdf/368

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1600-2


1602
Statutory provisions relating to transfers and other documents pertaining to a copyright. The following are the principal statutory prov1sions relating to transfers and other documents pertaining to a copy­ right.
1602.01
Execution of transfers of copyright ownership. A transfer of copyright ownership, other than by operation of law, is not valid unless an instru­ment of conveyance, or a note or memorandum of the transfer, is in writing and signed by the owner of the rights conveyed or such owner's duly authorized agent. 17 U.S.C. 204.
1602.02

Recordation of transfers and other documents: con­ditions for recordation. Any transfer of copyright

ownership 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. 17 U.S.C. 205(a).
1603
Copyright Office policy. The Copyright Office will generally not attempt to judge the legal sufficiency or interpret the substantive contents of a purported transfer: recordation will be made if the formal requirements have been met. However, a document will be examined to determine whether the requirements for recordation have been met.
1603.01
General rule. If the document purports to be a transfer of a copyright and is signed by the owner of the rights conveyed, the owner's authorized agent, or one entitled to make the transfer, it will be indexed as a "transfer."
1603.02

Exceptions. In exceptional cases, where it seems clear that the recordation of a document will not

accomplish what was intended by the person who submitted it, the Copyright Office will in the first instance communicate with that person. If such person reasserts his or her request for recordation, the Copyright Office will record the document.
[1984]