17 U.S.C. § 202 Ownership of Copyright As Distinct From Ownership of Material Object

• Library: United States Statutes
• Edition: 2023
• Currency: Current through P.L. 118-34 (published on www.congress.gov on 12/26/2023), except for [P. L. 118-31]
• Year: 2023
• Citation: 17 U.S.C. § 202

Ownership of a copyright, or of any of the exclusive rights under a copyright, is distinct from ownership of any material object in which the work is embodied. Transfer of ownership of any material object, including the copy or phonorecord in which the work is first fixed, does not of itself convey any rights in the copyrighted work embodied in the object; nor, in the absence of an agreement, does transfer of ownership of a copyright or of any exclusive rights under a copyright convey property rights in any material object.

Cite as 17 U.S.C. § 202

Source: Pub. L. 94-553, title I, §101, Oct. 19, 1976, 90 Stat. 2568.

Notes from the Office of Law Revision Counsel

current through 4/18/2023

HISTORICAL AND REVISION NOTES

HOUSE REPORT NO. 94-1476

The principle restated in section 202 is a fundamental and important one: that copyright ownership and ownership of a material object in which the copyrighted work is embodied are entirely separate things. Thus, transfer of a material object does not of itself carry any rights under the copyright, and this includes transfer of the copy or phonorecord-the original manuscript, the photographic negative, the unique painting or statue, the master tape recording, etc.-in which the work was first fixed. Conversely, transfer of a copyright does not necessarily require the conveyance of any material object.