umption of contractual obligations related to transfers
of rights in motion pictures.
"Sec. 4001. Assumption of contractual obligations related to transfers
of rights in motion pictures
"(a) Assumption of Obligations. (1) In the case of a transfer of
copyright ownership under United States law in a motion picture (as the
terms 'transfer of copyright ownership' and 'motion picture' are defined
in section 101 of title 17) that is produced subject to 1 or more
collective bargaining agreements negotiated under the laws of the United
States, if the transfer is executed on or after the effective date of
this chapter and is not limited to public performance rights, the
transfer instrument shall be deemed to incorporate the assumption
agreements applicable to the copyright ownership being transferred that
are required by the applicable collective bargaining agreement, and the
transferee shall be subject to the obligations under each such
assumption agreement to make residual payments and provide related
notices, accruing after the effective date of the transfer and
applicable to the exploitation of the rights transferred, and any
remedies under each such assumption agreement for breach of those
obligations, as those obligations and remedies are set forth in the
applicable collective bargaining agreement, if-
"(A) the transferee knows or has reason to know at the time of the
transfer that such collective bargaining agreement was or will be
applicable to the motion picture; or
"(B) in the event of a court order confirming an arbitration award
against the transferor under the collective bargaining agreement, the
transferor does not have the financial ability to satisfy the award
within 90 days after the order is issued.
"(2) For purposes of paragraph (1)(A), 'knows or has reason to know'
means any of the following:
"(A) Actual knowledge that the collective bargaining agreement was or
will be applicable to the motion picture.
"(B)(i) Constructive knowledge that the collective bargaining agreement
was or will be applicable to the motion picture, arising from
recordation of a document pertaining to copyright in the motion picture
under section 205 of title 17 or from publication, at a site available
to the public on-line that is operated by the relevant union, of
information that identifies the motion picture as subject to a
collective bargaining agreement with that union, if the site permits
commercially reasonable
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