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There is one other reason to record the transfer of copyright ownership and other documents pertaining to a copyright; addressing how to deal with conflicting transfers. If, however, the subsequent transferee had notice (constructive, actual and possibly inquiry notice), then the subsequent transferee would not have a superior interest.Some may assume that once the seller of a copyright interest transfers ownership that seller cannot sell the same interest a second time (or if the unscrupulous seller does so, the second buyer takes nothing). Similarly, the subsequent transferee would not have a superior interest if valuable consideration was not paid, or if the prior transferee recorded its transfer within the statutory grace period of one (or two) months from execution of the prior transfer.Ask about this document We do not limit the number of copies of a template you can make on your own computer.
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While recording the transfers with the Copyright Office is not required for a valid transfer, it can provide certain legal advantages and may also be required in order to validate a transfer against a third party.
There are basically two ways to figure out if a copyright has been transferred from one person to another.
Recently, a client asked why we included a short form option agreement and a short form assignment agreement as an exhibit to a long form literary option agreement.
I am sure that many a corporate transactional attorney has similarly wondered why a short form copyright assignment agreement is included within the package of numerous M&A transaction documents. § 205 deals with the recording of transfers of copyright ownership.
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Copyrights are a type of personal property right that grants the copyright owner control over the use and transfer of the copyrighted work.
Copyrights are important because they allow an author to create original works without the fear of later having it stolen by another author.