atic 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.
Section 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 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) Recordation as Prerequisite to Infringement Suit.--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.
(e) 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 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.
(f) Priority Between Conflicting Transfer of Ownership and Nonexclusive
License.--A nonexclusive license, whethe
|