3 Nimmer on Copyright § 10.03

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Summary

  • [A]
     Grants Executed on or after January 1, 1978

      The Copyright Act defines a “transfer of copyright ownership” to consist of “an assignment, mortgage, exclusive license,1

      Nonexclusive licenses may also be granted, as discussed below.

      or any other conveyance, alienation, or hypothecation of a copyright or of any of the exclusive rights comprised in a copyright … but not including a nonexclusive license.”2

      17 U.S.C. § 101.

      The Act permits such transfers to be effectuated, in whole or in part, by means of conveyance or by operation of law.3

      17 U.S.C. § 201(d)(1).

    • [1]
       Requirement of Signed Writing for Transfers
      • [a]
         In General.

        Any transfer other than one by operation of law4

        See § 10.03[A][6] infra.

        “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.”5

        17 U.S.C. § 204(a). See, e.g., Saenger Org., Inc. v. Nationwide Ins. Lic. Assocs., Inc., 864 F. Supp. 246, 250 (D. ...