§ 205. Recordation of transfers and other documents
(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.
(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
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
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
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 owner’s duly authorized agent,
(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.