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COPYRIGHT ACT
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Copyright Act
« 17 USC Sec. 1319 | Index | 17 USC Sec. 1321 »
17 USC Sec. 1320 - Ownership and transfer
(a) Property Right in Design. - The property right in a design
subject to protection under this chapter shall vest in the
designer, the legal representatives of a deceased designer or of
one under legal incapacity, the employer for whom the designer
created the design in the case of a design made within the regular
scope of the designer's employment, or a person to whom the rights
of the designer or of such employer have been transferred. The
person in whom the property right is vested shall be considered the
owner of the design.
(b) Transfer of Property Right. - The property right in a
registered design, or a design for which an application for
registration has been or may be filed, may be assigned, granted,
conveyed, or mortgaged by an instrument in writing, signed by the
owner, or may be bequeathed by will.
(c) Oath or Acknowledgment of Transfer. - An oath or
acknowledgment under section 1312 shall be prima facie evidence of
the execution of an assignment, grant, conveyance, or mortgage
under subsection (b).
(d) Recordation of Transfer. - An assignment, grant, conveyance,
or mortgage under subsection (b) shall be void as against any
subsequent purchaser or mortgagee for a valuable consideration,
unless it is recorded in the Office of the Administrator within 3
months after its date of execution or before the date of such
subsequent purchase or mortgage.
-SOURCE-
(Added Pub. L. 105-304, title V, Sec. 502, Oct. 28, 1998, 112 Stat.
2913; amended Pub. L. 106-44, Sec. 1(f)(2), Aug. 5, 1999, 113 Stat.
222.)
-MISC1-
AMENDMENTS
1999 - Subsec. (c). Pub. L. 106-44 substituted ''Acknowledgment''
for ''Acknowledgement'' in heading.
« 17 USC Sec. 1319 | Index | 17 USC Sec. 1321 »
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