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Copyrights - 17 USC Section 204
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01/19/04
Sec. 204. Execution of transfers of copyright ownership
(a) 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.
(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) in 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.
HISTORICAL AND REVISION NOTES
HOUSE REPORT NO. 94-1476
Section 204 is a somewhat broadened and liberalized counterpart
of sections 28 and 29 of the present statute [sections 28 and 29 of
former title 17]. Under subsection (a), a transfer of copyright
ownership (other than one brought about by operation of law) is
valid only if there exists an instrument of conveyance, or
alternatively a "note or memorandum of the transfer," which is in
writing and signed by the copyright owner "or such owner's duly
authorized agent." Subsection (b) makes clear that a notarial or
consular acknowledgment is not essential to the validity of any
transfer, whether executed in the United States or abroad. However,
the subsection would liberalize the conditions under which
certificates of acknowledgment of documents executed abroad are to
be accorded prima facie weight, and would give the same weight to
domestic acknowledgments under appropriate circumstances.
Last modified: April 20, 2006
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