Does the Amended APA Satisfy the Requirements of the Copyright Act?
We next consider whether the amended APA constituted a writing sufficient to transfer copyrights under federal law. Under the Copyright Act, “[a] -17- 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.” 17 U.S.C. 204(a). Section 204 is intended “to protect copyright holders from persons mistakenly or fraudulently claiming oral licenses [or transfers].” Eden Toys, Inc. v. Florelee Undergarment Co., Inc., 697 F.2d 27, 36 (2d Cir. 1982). As a result, Section 204 “enhances predictability and certainty of ownership– ‘Congress’s paramount goal’ when it revised the [Copyright] Act in 1976.” Konigsberg Intern. Inc. v. Rice, 16 F.3d 355, 357 (9th Cir. 1994) (quoting Community for Creative Non-Violence v. Reid, 490 U.S. 730, 749 (1989)). Novell argues that the Copyright Act imposes not only the
Related Questions
- What trust records do I need to satisfy the requirements of the Legal Profession Act 2004 and the Legal Profession Regulations 2005?
- Can PSERS provide employers with a suggested sample of contract language that will satisfy the requirements in Act 234?
- Does the Amended APA Satisfy the Requirements of the Copyright Act?
