Fabio
76b8ec33a7
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>
42 lines
2.9 KiB
Markdown
42 lines
2.9 KiB
Markdown
---
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type: "LegalText"
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title: "17 U.S.C. § 202"
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description: "Ownership of copyright as distinct from ownership of material object"
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jurisdiction: "us"
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corpus: "united_states_code"
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kind: "code_section"
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title_number: 17
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title_name: "COPYRIGHTS"
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chapter_number: "2"
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chapter_name: "COPYRIGHT OWNERSHIP AND TRANSFER"
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section: "202"
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citation: "17 U.S.C. § 202"
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status: "current"
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release_point: "119-100"
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release_date: "2026-06-26"
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source: "official"
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source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc17@119-100.zip"
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source_identifier: "/us/usc/t17/s202"
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source_file: "data/legal/raw/us/code/title-17/usc17.xml"
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source_hash: "13bf998c99d628023f52ffd8427bf3254b4d9fccddb98c630310ce7957f29f2c"
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raw_snapshot_hash: "53c244d73050c7c92329dce6d1ccd78b9e2fece359d919b044b600b95258446c"
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text_hash: "1aaeba045e4b97a78796721329a7759a22257418600f8ea99fc453a06494d4af"
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retrieved_at: "2026-07-04"
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confidence: "official"
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tags: ["legal", "us-code"]
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---
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# 17 U.S.C. § 202 - Ownership of copyright as distinct from ownership of material object
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## Text
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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.
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(Pub. L. 94–553, title I, § 101, Oct. 19, 1976, 90 Stat. 2568.)
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## Notes
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Historical and Revision Notes
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house report no. 94–1476The 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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