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| Friday, Sep. 5, 2008 |
Any or all of the copyright owner's exclusive rights or any subdivision of those rights may be transferred, but the transfer of exclusive rights is not valid unless that transfer is in writing and signed by the owner of the rights or the owner's duly authorized agent. Transfer of a right on a nonexclusive basis does not require a written agreement.
Copyright is a personal property right, and it is subject to the various state laws and regulations that govern the ownership, inheritance, or transfer of personal property as well as terms of contracts or conduct of business. For information about relevant state laws, consult an attorney.
Transfers of copyright are normally made by contract. The Copyright Office does not have any forms for such transfers. The law does provide for the recordation in the Copyright Office of transfers of copyright ownership. Although recordation is not required to make a valid transfer between the parties, it does provide certain legal advantages and may be required to validate the transfer as against third parties. For information on recordation of transfers and other documents related to copyright, see "Recordation of Transfers and Other Documents", from the U.S. Copyright Office
Under the previous law, the copyright in a work reverted to the author, if living, or if the author was not living, to other specified beneficiaries, provided a renewal claim was registered in the 28th year of the original term.* The present law drops the renewal requirement except for works that were already in its initial term of protection when the present law took effect. Instead, the present law permits termination of a grant of rights after 35 years under certain conditions.
For works already under statutory copyright protection before 1978, the present law provides a similar right of termination covering the newly added years that extended the former maximum term of the copyright from 56 to 95 years. For further information, see "Duration of Copyright" and "Extension of Copyright Terms", from the U.S. Copyright Office.
*For works eligible for renewal on or after June 26, 1992, the person who files for renewal during the 28th year of the original term will be able to claim the copyright. Otherwise, the renewal copyright will vest in the party entitled to claim renewal as of December 31st of the 28th year.