United States Code/Title 17/Chapter 9/Section 903

by the United States Government

§ 903—Ownership, transfer, licensing, and recordation

(a) The exclusive rights in a mask work subject to protection under this chapter belong to the owner of the mask work.

(b) The owner of the exclusive rights in a mask work may transfer all of those rights, or license all or less than all of those rights, by any written instrument signed by such owner or a duly authorized agent of the owner. Such rights may be transferred or licensed by operation of law, may be bequeathed by will, and may pass as personal property by the applicable laws of intestate succession.

(c)(1) Any document pertaining to a mask work 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. The Register of Copyrights shall, upon receipt of the document and the fee specified pursuant to section 908(d), record the document and return it with a certificate of recordation. The recordation of any transfer or license under this paragraph gives all persons constructive notice of the facts stated in the recorded document concerning the transfer or license.

(2) In any case in which conflicting transfers of the exclusive rights in a mask work are made, the transfer first executed shall be void as against a subsequent transfer which is made for a valuable consideration and without notice of the first transfer, unless the first transfer is recorded in accordance with paragraph (1) within three months after the date on which it is executed, but in no case later than the day before the date of such subsequent transfer.

(d) Mask works prepared by an officer or employee of the United States Government as part of that person's official duties are not protected under this chapter, but the United States Government is not precluded from receiving and holding exclusive rights in mask works transferred to the Government under subsection (b).

Amendment history

Section 903 was added by the Semiconductor Chip Protection Act of 1984 (Pub. L. 98-620, Nov. 8, 1984, 98 Stat. 3335) with effect as provided in section 913.

Public Law 105-80

Nov. 13, 1997, 111 Stat. 1529.

• Amended the section heading by substituting ", transfer, licensure, and recordation" for "and transfer".

Intellectual Property and High Technology Technical Amendments Act of 2002

Pub. L. 107-273, Nov. 2, 2002, 116 Stat. 1758.

• Amended the section heading by substituting "licensing" for "licensure".