Legal corpus: the complete U.S. Code (59,740 sections, all 53 titles)

Ingested titles 12–51 and 54 from OLRC USLM XML @119-100 (the whole Code
now, uniform edition; Title 53 is reserved/empty). LegalText 11,221 ->
59,740; repo total 105,704 records. Deterministic (byte-identical rerun,
verified on Title 42's 8,356 sections); make check green. make
legal-us-code default now covers every title.

Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
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---
type: "LegalText"
title: "17 U.S.C. § 202"
description: "Ownership of copyright as distinct from ownership of material object"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 17
title_name: "COPYRIGHTS"
chapter_number: "2"
chapter_name: "COPYRIGHT OWNERSHIP AND TRANSFER"
section: "202"
citation: "17 U.S.C. § 202"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
source: "official"
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc17@119-100.zip"
source_identifier: "/us/usc/t17/s202"
source_file: "data/legal/raw/us/code/title-17/usc17.xml"
source_hash: "13bf998c99d628023f52ffd8427bf3254b4d9fccddb98c630310ce7957f29f2c"
raw_snapshot_hash: "53c244d73050c7c92329dce6d1ccd78b9e2fece359d919b044b600b95258446c"
text_hash: "1aaeba045e4b97a78796721329a7759a22257418600f8ea99fc453a06494d4af"
retrieved_at: "2026-07-04"
confidence: "official"
tags: ["legal", "us-code"]
---
# 17 U.S.C. § 202 - Ownership of copyright as distinct from ownership of material object
## Text
Ownership of a copyright, or of any of the exclusive rights under a copyright, is distinct from ownership of any material object in which the work is embodied. Transfer of ownership of any material object, including the copy or phonorecord in which the work is first fixed, does not of itself convey any rights in the copyrighted work embodied in the object; nor, in the absence of an agreement, does transfer of ownership of a copyright or of any exclusive rights under a copyright convey property rights in any material object.
(Pub. L. 94553, title I, § 101, Oct. 19, 1976, 90 Stat. 2568.)
## Notes
Historical and Revision Notes
house report no. 941476The principle restated in section 202 is a fundamental and important one: that copyright ownership and ownership of a material object in which the copyrighted work is embodied are entirely separate things. Thus, transfer of a material object does not of itself carry any rights under the copyright, and this includes transfer of the copy or phonorecord—the original manuscript, the photographic negative, the unique painting or statue, the master tape recording, etc.—in which the work was first fixed. Conversely, transfer of a copyright does not necessarily require the conveyance of any material object. As a result of the interaction of this section and the provisions of section 204(a) and 301, the bill would change a common law doctrine exemplified by the decision in Pushman v. New York Graphic Society, Inc., 287 N.Y. 302, 39 N.E.2d 249 (1942). Under that doctrine, authors or artists are generally presumed to transfer common law literary property rights when they sell their manuscript or work of art, unless those rights are specifically reserved. This presumption would be reversed under the bill, since a specific written conveyance of rights would be required in order for a sale of any material object to carry with it a transfer of copyright.
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---
type: "LegalText"
title: "17 U.S.C. § 204"
description: "Execution of transfers of copyright ownership"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 17
title_name: "COPYRIGHTS"
chapter_number: "2"
chapter_name: "COPYRIGHT OWNERSHIP AND TRANSFER"
section: "204"
citation: "17 U.S.C. § 204"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
source: "official"
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc17@119-100.zip"
source_identifier: "/us/usc/t17/s204"
source_file: "data/legal/raw/us/code/title-17/usc17.xml"
source_hash: "eb51210b7c7e1fad1136e7187cb5f54dced915d0f117199726e883e642361d8d"
raw_snapshot_hash: "53c244d73050c7c92329dce6d1ccd78b9e2fece359d919b044b600b95258446c"
text_hash: "1dbac80afe3b2c84179397b31c79d978a81e1ed706641449582da42c333266a9"
retrieved_at: "2026-07-04"
confidence: "official"
tags: ["legal", "us-code"]
---
# 17 U.S.C. § 204 - Execution of transfers of copyright ownership
## Text
(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 owners 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.
(Pub. L. 94553, title I, § 101, Oct. 19, 1976, 90 Stat. 2570.)
## Notes
Historical and Revision Notes
house report no. 941476Section 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 owners 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.
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---
type: "LegalText"
title: "17 U.S.C. § 205"
description: "Recordation of transfers and other documents"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 17
title_name: "COPYRIGHTS"
chapter_number: "2"
chapter_name: "COPYRIGHT OWNERSHIP AND TRANSFER"
section: "205"
citation: "17 U.S.C. § 205"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
source: "official"
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc17@119-100.zip"
source_identifier: "/us/usc/t17/s205"
source_file: "data/legal/raw/us/code/title-17/usc17.xml"
source_hash: "53febef20239d743ec8020c419c14bd4685e7dbfccef3b7366add8fe01335821"
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text_hash: "cd0038b54e00f0f536ad2084954f9c0a5f73a3ddc0c07cce2b7c0339be499aa5"
retrieved_at: "2026-07-04"
confidence: "official"
tags: ["legal", "us-code"]
---
# 17 U.S.C. § 205 - Recordation of transfers and other documents
## Text
(a) Conditions for Recordation.— Any transfer of copyright ownership or other document pertaining to a copyright may be recorded in the Copyright Office if the document filed for recordation bears the actual signature of the person who executed it, or if it is accompanied by a sworn or official certification that it is a true copy of the original, signed document. A sworn or official certification may be submitted to the Copyright Office electronically, pursuant to regulations established by the Register of Copyrights.
(b) Certificate of Recordation.— The Register of Copyrights shall, upon receipt of a document as provided by subsection (a) and of the fee provided by section 708, record the document and return it with a certificate of recordation.
(c) Recordation as Constructive Notice.— Recordation of a document in the Copyright Office gives all persons constructive notice of the facts stated in the recorded document, but only if—
(1) the document, or material attached to it, specifically identifies the work to which it pertains so that, after the document is indexed by the Register of Copyrights, it would be revealed by a reasonable search under the title or registration number of the work; and
(2) registration has been made for the work.
(d) Priority Between Conflicting Transfers.— As between two conflicting transfers, the one executed first prevails if it is recorded, in the manner required to give constructive notice under subsection (c), within one month after its execution in the United States or within two months after its execution outside the United States, or at any time before recordation in such manner of the later transfer. Otherwise the later transfer prevails if recorded first in such manner, and if taken in good faith, for valuable consideration or on the basis of a binding promise to pay royalties, and without notice of the earlier transfer.
(e) Priority Between Conflicting Transfer of Ownership and Nonexclusive License.— A nonexclusive license, whether recorded or not, prevails over a conflicting transfer of copyright ownership if the license is evidenced by a written instrument signed by the owner of the rights licensed or such owners duly authorized agent, and if—
(1) the license was taken before execution of the transfer; or
(2) the license was taken in good faith before recordation of the transfer and without notice of it.
(Pub. L. 94553, title I, § 101, Oct. 19, 1976, 90 Stat. 2571; Pub. L. 100568, § 5, Oct. 31, 1988, 102 Stat. 2857; Pub. L. 111295, § 3(b), Dec. 9, 2010, 124 Stat. 3180.)
## Notes
Historical and Revision Notes
house report no. 941476The recording and priority provisions of section 205 are intended to clear up a number of uncertainties arising from sections 30 and 31 of the present law [sections 30 and 31 of former title 17] and to make them more effective and practical in operation. Any “document pertaining to a copyright” may be recorded under subsection (a) if it “bears that actual signature of the person who executed it,” or if it is appropriately certified as a true copy. However, subsection (c) makes clear that the recorded document will give constructive notice of its contents only if two conditions are met: (1) the document or attached material specifically identifies the work to which it pertains so that a reasonable search under the title or registration number would reveal it, and (2) registration has been made for the work. Moreover, even though the Register of Copyrights may be compelled to accept for recordation documents that on their face appear self-serving or colorable, the Register should take care that their nature is not concealed from the public in the Copyright Offices indexing and search reports. The provisions of subsection (d), requiring recordation of transfers as a prerequisite to the institution of an infringement suit, represent a desirable change in the law. The one- and three-month grace periods provided in subsection (e) are a reasonable compromise between those who want a longer hiatus and those who argue that any grace period makes it impossible for a bona fide transferee to rely on the record at any particular time. Under subsection (f) of section 205, a nonexclusive license in writing and signed, whether recorded or not, would be valid against a later transfer, and would also prevail as against a prior unrecorded transfer if taken in good faith and without notice. Objections were raised by motion picture producers, particularly to the provision allowing unrecorded nonexclusive licenses to prevail over subsequent transfers, on the ground that a nonexclusive license can have drastic effects on the value of a copyright. On the other hand, the impracticalities and burdens that would accompany any requirement of recordation of nonexclusive licenses outweigh the limited advantages of a statutory recordation system for them.
Editorial Notes
Amendments2010—Subsec. (a). Pub. L. 111295 inserted at end “A sworn or official certification may be submitted to the Copyright Office electronically, pursuant to regulations established by the Register of Copyrights.” 1988—Subsecs. (d) to (f). Pub. L. 100568 redesignated subsecs. (e) and (f) as (d) and (e), respectively, and struck out former subsec. (d), which read as follows: “No person claiming by virtue of a transfer to be the owner of copyright or of any exclusive right under a copyright is entitled to institute an infringement action under this title until the instrument of transfer under which such person claims has been recorded in the Copyright Office, but suit may be instituted after such recordation on a cause of action that arose before recordation.”
Statutory Notes and Related Subsidiares
Effective Date of 1988 AmendmentAmendment by Pub. L. 100568 effective Mar. 1, 1989, with any cause of action arising under this title before such date being governed by provisions in effect when cause of action arose, see section 13 of Pub. L. 100568, set out as a note under section 101 of this title.
Recordation of SharewarePub. L. 101650, title VIII, § 805, Dec. 1, 1990, 104 Stat. 5136, provided that: “(a) In General.—The Register of Copyrights is authorized, upon receipt of any document designated as pertaining to computer shareware and the fee prescribed by section 708 of title 17, United States Code, to record the document and return it with a certificate of recordation. “(b) Maintenance of Records; Publication of Information.—The Register of Copyrights is authorized to maintain current, separate records relating to the recordation of documents under subsection (a), and to compile and publish at periodic intervals information relating to such recordations. Such publications shall be offered for sale to the public at prices based on the cost of reproduction and distribution. “(c) Deposit of Copies in Library of Congress.—In the case of public domain computer software, at the election of the person recording a document under subsection (a), 2 complete copies of the best edition (as defined in section 101 of title 17, United States Code) of the computer software as embodied in machine-readable form may be deposited for the benefit of the Machine-Readable Collections Reading Room of the Library of Congress. “(d) Regulations.—The Register of Copyrights is authorized to establish regulations not inconsistent with law for the administration of the functions of the Register under this section. All regulations established by the Register are subject to the approval of the Librarian of Congress.”
Registration of Claims to Copyrights and Recordation of Assignments of Copyrights and Other Instruments Under Predecessor ProvisionsRecordation of assignments of copyrights or other instruments received in the Copyright Office before Jan. 1, 1978, to be made in accordance with this title as it existed on Dec. 31, 1977, see section 109 of Pub. L. 94553, set out as a note under section 410 of this title.