Conflicting Transfer Of Copyright Assignment

[candelaisonfire]

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 ?

 

[Just Blue]

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 ?

Let's say that Mr Biggie join and ask his own legal question. If this is homework...We don't do homework.

 

[quincy]

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 ?

What is the name of your state?

Who are you in this - Mr. Tall, Mr. Small or Mr. Biggie?

Any one of the three potentially could sue but a transfer of any of the exclusive copyrights in a work must be in writing and signed by the copyright holder. Transfers of copyrights do not have to be recorded with the Copyright Office to be valid transfers but the date a transfer is recorded can be used to support rights to/in the work.

And, in order to sue for copyright infringement, the copyright needs to be federally registered first.

It is possible for more than one person/entity to hold copyrights in any one work. Copyrights are a bundle of rights (the right to reproduce the work, to distribute the work, to display/perform the work, to create derivatives) so a copyright holder can retain exclusive rights while still transferring an exclusive right to another.

 

[candelaisonfire]

Am in FL,

Lets say that am Mr. Biggie. I bought the rights thru an agreement "with MR smalls" and recorded the document to give "constructive notice" that I own it thru a "written agreement"

After the fact, somebody else "Mrs Tall" says they owned, via a "Recording Agreement", but which I had no knowledge about.

According to the Copyright Law, if it goes to court, wouldnt I be declared the owner of the works, since I recorded my tranfers first?

Am assuming, If anything, Mrs Tall can sue Mr Biggie but not me, since I put an Indemnification clause, to cover any inncidents like this that may arise.

Thoughts?

 

[quincy]

Am in FL,

Lets say that am Mr. Biggie. I bought the rights thru an agreement "with MR smalls" and recorded the document to give "constructive notice" that I own it thru a "written agreement"

After the fact, somebody else "Mrs Tall" says they owned, via a "Recording Agreement", but which I had no knowledge about.

According to the Copyright Law, if it goes to court, wouldnt I be declared the owner of the works, since I recorded my tranfers first?

Am assuming, If anything, Mrs Tall can sue Mr Biggie but not me, since I put an Indemnification clause, to cover any inncidents like this that may arise.

Thoughts?

Thank you for providing your state name.

There is no way to predict with certainty what a court will decide. The one who recorded the transfer of rights agreement is, perhaps, in a better position to argue ownership than the one who holds an unrecorded transfer agreement.