candelaisonfire
New member
Lets say:
MR BIGGIE purchases MR. SMALLS (Unregistered) Copyrighted Musical Works via an Agreement, then afterwards, MR BIGGIE Records the Agreement with the Copyright Office.
MR BIGGIE, later finds out, that MR SMALLS had previously Transferred those Copyrighted Musical Works to MRS TALL's music label via a "Artist Contract"
The Copyright Law (Chapter 2 Section 201) States:
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 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 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.
That being said,
Albeit MRS TALL did not give any "constructive notice" of his ownership of the Musical Works, by recording the "Artist Contract" with the Copyright Office, should MR BIGGIE be alright, or should MR BIGGIE worry about MRS TALL suing him by claiming that she owns the music, although she never recorded the "Artist Contract" Agreement ?
MR BIGGIE purchases MR. SMALLS (Unregistered) Copyrighted Musical Works via an Agreement, then afterwards, MR BIGGIE Records the Agreement with the Copyright Office.
MR BIGGIE, later finds out, that MR SMALLS had previously Transferred those Copyrighted Musical Works to MRS TALL's music label via a "Artist Contract"
The Copyright Law (Chapter 2 Section 201) States:
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 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 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.
That being said,
Albeit MRS TALL did not give any "constructive notice" of his ownership of the Musical Works, by recording the "Artist Contract" with the Copyright Office, should MR BIGGIE be alright, or should MR BIGGIE worry about MRS TALL suing him by claiming that she owns the music, although she never recorded the "Artist Contract" Agreement ?
Last edited: