Thread: KS Copyright
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Old 27 March 2008, 16:50   #18
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Originally Posted by Eclipse View Post
You do have to register it if you want to transfer the work.
When Commodore went bust, Escom would have had to register as the new copyright holder. It's the only circumstance in which you do need to register it.
Transfer of Copyright

Any or all of the copyright owner’s exclusive rights or any subdivision of those rights may be transferred, but the transfer of exclusive rights is not valid unless that transfer is in writing and signed by the owner of the rights conveyed or such owner’s duly authorized agent. Transfer of a right on a nonexclusive basis does not require a written agreement.
3.0 is nowhere to be seen and 3.1OS wasn't registered until 2007. Somethings definately not right.
Do you guys not remember that Escom didn't actually want them? They only really wanted the Commodore name and the Patents that go with it. They wanted nothing really to do with the Amiga.
I'm sorry, but that doesn't say you need to register it - it says that for it to be exclusively transferred it must be in writing.

(from the actual site on US copyright -

§ 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 such owner's duly authorized agent.

(b) A certificate of acknowledgment 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.
Now in the section just below that it goes on about recordance of the transfer of copyright.. you'll notice how it says this too is optional.

§ 205. Recordation of transfers and other documents4

(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.
So although they may not have opted to record this - for whatever reason (we are talking about a company claim to have lost the technical info on the AGA chipset.... ) all they need is a signed document saying that they own exclusive rights to it - which will be in the dead tree of documents they signed when they bought the company (basically what they bought) - all they'd need to do is produce this document... (then again.. AGA....... )
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