17-U.S.C.-1320
§1320 – Ownership and Transfer
Pathway
Title 17 > Chapter 13 > Section 1320
Details
- Reference: Section 1320
- Legend: §1320 – Ownership and Transfer
- USCode Year: 2013
Provision Content
(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 designers 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.
(Added Pub. L. 105–304, title V, §502, Oct. 28, 1998, 112 Stat. 2913; amended Pub. L. 106–44, §1(f)(2), Aug. 5, 1999, 113 Stat. 222.)
Amendments
1999—Subsec. (c). Pub. L. 106–44 substituted Acknowledgment for Acknowledgement in heading.
U.S. Encyclopedia of Law Coverage
17-U.S.C.-1309 in the Legal Encyclopedia: Copyrights
In this entry about 17-U.S.C.-1309, find legal reference material, bibliographies and premiere content related to copyrights in the American Encyclopedia of Law, presenting a comprehensive view of the United States copyrights-specific issues, written by authorities in the field.
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