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(D) affords a choice of works available for performance 2

and permits the choice to be made by the patrons of the 3

establishment in which it is located. 4

(2) An "operator" is any person who, alone or jointly with 5 others: 6

(A) owns a coin-operated phonorecord player; or 7

(B) has the power to make a coin-operated phonorecord 8

player available for placement in an establishment for pur9

poses of public performance; or 10

(C) has the power to exercise primary control over the 11

selection of the musical works made available for public 12

performance in a coin-operated phonorecord player. 13

(3) A “performing rights society” is an association or corpora14 tion that licenses the public performance of nondramatic musical 15 works on behalf of the copyright owners, such as the American 16 Society of Composers, Authors and Publishers, Broadcast Music, 17 Inc., and SESAC, Inc. 18 8 117. Scope of exclusive rights: Use in conjunction with com19

puters and similar information systems 20 Notwithstanding the provisions of sections 106 through 116, this 21 title does not afford to the owner of copyright in a work any greater 22 or lesser rights with respect to the use of the work in conjunction with 23 automatic systems capable of storing, processing, retrieving, or trans24 ferring information, or in conjunction with any similar device, ma25 chine, or process, than those afforded to works under the law, whether 26 title 17 or the common law or statutes of a State, in effect on Decem27 ber 31, 1974, as held applicable and construed by a court in an action 28 brought under this title. 29 Chapter 2.-COPYRIGHT OWNERSHIP AND TRANSFER

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201. Ownership of copyright.
202. Ownership of copyright as distinct from ownership of material object.
203. Termination of transfers and licenses granted by the author.
204. Execution of transfers of copyright ownership.
205. Recordation of transfers and other documents.
8 201. Ownership of copyright

(a) INITIAL OWNERSHIP.- Copyright in work protected under this titlo vests initially in the author or authors of the work. The authors of a joint work are co-owners of copyright in the work.

(b) WORKS MADE FOR HIRE.—In the case of a work made for hire, the employer or other person for whom the work was prepared is considered the author for purposes of this title, and, unless the parties

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have expressly agreed otherwise in a written instrument signed by them, owns all of the rights comprised in the copyright.

(c) CONTRIBUTIONS TO COLLECTIVE WORK8.—Copyright in each separate contribution to a collective work is distinct from copyright in the collective work as a whole, and vests initially in the author of the contribution. In the absence of an express transfer of the copyright or of any rights under it, the owner of copyright in the collective work is presumed to have acquired only the privilege of reproducing and distributing the contribution as part of that particular collective work, any revision of that collective work, and any later collective work in the same series. (d) TRANSFER OF OWNERSHIP.

(1) The ownership of a copyright may be transferred in whole or in part by any means of conveyance or by operation of law, and may be bequeathed by will or pass as personal property by the applicable laws of intestate succession.

(2) Any of the exclusive rights comprised in a copyright, including any subdivision of any of the rights specified by section 106, may be transferred as provided by clause (1) and owned separately. The owner of any particular exclusive right is entitled, to the extent of that right, to all of the protection and remedies

accorded to the copyright owner by this title. 8 202. Ownership of copyright as distinct from ownership of

material object 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. 8 203. Termination of transfers and licenses granted by the author

(a) CONDITIONS FOR TERMINATION.—In the case of any work other than a work made for hire, the exclusive or nonexclusive grant of a transfer or license of copyright or of any right under a copyright, executed by the author on or after January 1, 1975, otherwise than by will, is subject to termination under the following conditions:

(1) In the case of a grant executed by one author, termination of the grant may be effected by that author or, if he is dead, by

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the person or persons who, under clause (2) of this subsection, own and are entitled to exercise a total of more than one half of that author's termination interest. In the case of a grant executed by two or more authors of a joint work, termination of the grant may be effected by a majority of the authors who executed it; if any of such authors is dead, his termination interest may be exercised as a unit by the person or persons who, under clause (2) of this subsection, own and are entitled to exercise a total of more than one half of his interest.

(2) Where an author is dead, his or her termination interest is owned, and may be exercised, by his widow (or her widower) and children or grandchildren as follows:

(A) The widow (or widower) owns the author's entire termination interest unless there are any surviving children or grandchildren of the author, in which case the widow (or widower) owns one half of the author's interest;

(B) The author's surviving children, and the surviving children of any dead child of the author, own the author's entire termination interest unless there is a widow (or widower), in which case the ownership of one half of the author's interest is divided among them;

(C) The rights of the author's children and grandchildren are in all cases divided among them and exercised on a per stirpes basis according to the number of his children represented; the share of the children of a dead child in a termination interest can be exercised only by the action of a majority

of them. (8) Termination of the grant may be effected at any time during a period of five years beginning at the end of thirty-five years from the date of execution of the grant; or, if the grant covers the right of publication of the work, the period begins at the end of thirtyfive years from the date of publication of the work under the grant or at the end of forty years from the date of execution of the grant, whichever term ends earlier.

(4) The termination shall be effected by serving an advance notice in writing, signed by the number and proportion of owners of termination interests required under clauses (1) and (2) of this subsection, or by their duly authorized agents, upon the grantee or his successor in title.

(A) The notice shall state the effective date of the termina

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tion, which shall fall within the five-year period specified by 2

clause (3) of this subsection, and the notice shall be served 3

not less than two or more than ton years before that date. A 4

copy of the notice shall be recorded in the Copyright Office 5

before the effective date of termination, as a condition to its 6

taking effect. 7

(B) The notice shall comply, in form, content, and man8

ner of service, with requirements that the Register of Copy9

rights shall prescribe by regulation. 10

(5) Termination of the grant may be effected notwithstand11 ing any agreement to the contrary, including an agreement to 12 make a will or to make any future grant. 13 (b) EFFECT OF TERMINATION.—Upon the effective date of termina14 tion, all rights under this title that were covered by the terminated 15 grant revert to the author, authors, and other persons owning termi16 nation interests under clauses (1) and (2) of subsection (a), includ17 ing those owners who did not join in signing the notice of termination 18 under clause (4) of subsection (a), but with the following limitations: 19

(1) A derivative work prepared under authority of the grant 20 before its termination may continue to be utilized under the terms 21 of the grant after its termination, but this privilege does not ex22 tend to the preparation after the termination of other derivative 23 works based upon the copyrighted work covered by the terminated 24 grant. 25

(2) The future rights that will revert upon termination of the 26 grant become vested on the date the notice of termination has 27 been served as provided by clause (4) of subsection (a). The 28 rights vest in the author, authors, and other persons named in, 29 and in the proportionate shares provided by, clauses (1) and (2) 30 of subsection (a). 31

(8) Subject to the provisions of clause (4) of this subsection, 32 a further grant, or agreement to make a further grant, of any 33 right covered by a terminated grant is valid only if it is signed by 34 the same number and proportion of the owners, in whom the 35 right has vested under clause (2) of this subsection, as are re36 quired to terminate the grant under clauses (1) and (2) of sub37 section (a). Such further grant or agreement is effective with 38 respect to all of the persons in whom the right it covers has vested 39 under clause (2) of this subsection, including those who did not 40 join in signing it. If any person dies after rights under a termi

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nated grant have vested in him, his legal representatives, legatees, or heirs at law represent him for purposes of this clause.

(4) A further grant, or agreement to make a further grant, of any right covered by a terminated grant is valid only if it is made after the effective date of the termination. As an exception, howover, an agreement for such a further grant may be made between the persons provided by clause (3) of this subsection and the original grantee or his successor in title, after the notice of termination has been served as provided by clause (4) of subsection (a).

(6) Termination of a grant under this section affects only those rights covered by the grant that arise under this title, and in no way affects rights arising under any other Federal, State, or foreign laws.

(6) Unless and until termination is effected under this section, the grant, if it does not provide otherwise, continues in effect for

the term of copyright provided by this title.
8 204. Execution of transfers of copyright ownership

(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 his 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. 8 205. Recordation of transfers and other documents

(a) CONDITIONS FOR RECORDATION.-Any transfer of copyright own. ership 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

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