Ch. 12
12.1.1
12.1.1
Chapter 12. ASSIGNNENTS AND RELATED DOCUMENTS
Part 12.1 IN GENERAL
12.1.1
Statutory provisions.
I.
A "copyright ... may be assigned, granted, or mortgaged by an instrument in writing signed by the proprietor of the copyright, or may be bequeathed by will." (17 U.S.C. §28).
II.
"Every assignment of copyright shall be recorded in the copyright office within three calendar months after its execution in the United States or within six calendar months after its execution without the limits of the United States, in default of which it shall be void as against any subsequent purchaser or mortgagee for a valuable consideration, without notice, whose assignment has been duly recorded." (17 U.S.C. §30).
12.1.2
Copyright Office policy.
I.
Substantive contents. As a rule, the Copyright Office will not attempt to judge or interpret the substantive contents of an assignment or other document; recordation will be made as long as the formal requirements have been met.
a.
If the document bears a descriptive heading (e.g., "license," "merger," "abandonment," etc.) this information may be included in the index cards, but this is regarded as transcription rather than interpretation.
b.
In exceptional cases, where it is clear that the instrument is invalid or does not accomplish what was intended, the Copyright Office will reject the document.
Examples:
(1)
A document purporting to be an assignment which is actually a self-serving declaration signed by the "assignee."
12-5
[1973]
