2012 US Code
Title 28 - Judiciary and Judicial Procedure
Part VI - PARTICULAR PROCEEDINGS (§§ 2201 - 4105)
Chapter 180 - ASSUMPTION OF CERTAIN CONTRACTUAL OBLIGATIONS (§§ 4001)
Section 4001 - Assumption of contractual obligations related to transfers of rights in motion pictures
|Publication Title||United States Code, 2012 Edition, Title 28 - JUDICIARY AND JUDICIAL PROCEDURE|
|Category||Bills and Statutes|
|Collection||United States Code|
|SuDoc Class Number||Y 1.2/5:|
|Contained Within||Title 28 - JUDICIARY AND JUDICIAL PROCEDURE |
PART VI - PARTICULAR PROCEEDINGS
CHAPTER 180 - ASSUMPTION OF CERTAIN CONTRACTUAL OBLIGATIONS
Sec. 4001 - Assumption of contractual obligations related to transfers of rights in motion pictures
|Laws in Effect as of Date||January 15, 2013|
|Source Credit||Added Pub. L. 105-304, title IV, §406(a), Oct. 28, 1998, 112 Stat. 2903.|
|Statutes at Large Reference||112 Stat. 2903|
|Public Law Reference||Public Law 105-304|
(A) the transferee knows or has reason to know at the time of the transfer that such collective bargaining agreement was or will be applicable to the motion picture; or
(B) in the event of a court order confirming an arbitration award against the transferor under the collective bargaining agreement, the transferor does not have the financial ability to satisfy the award within 90 days after the order is issued.
(2) For purposes of paragraph (1)(A), “knows or has reason to know” means any of the following:
(A) Actual knowledge that the collective bargaining agreement was or will be applicable to the motion picture.
(B)(i) Constructive knowledge that the collective bargaining agreement was or will be applicable to the motion picture, arising from recordation of a document pertaining to copyright in the motion picture under section 205 of title 17 or from publication, at a site available to the public on-line that is operated by the relevant union, of information that identifies the motion picture as subject to a collective bargaining agreement with that union, if the site permits commercially reasonable verification of the date on which the information was available for access.
(ii) Clause (i) applies only if the transfer referred to in subsection (a)(1) occurs—
(I) after the motion picture is completed, or
(II) before the motion picture is completed and—
(aa) within 18 months before the filing of an application for copyright registration for the motion picture under section 408 of title 17, or
(bb) if no such application is filed, within 18 months before the first publication of the motion picture in the United States.
(C) Awareness of other facts and circumstances pertaining to a particular transfer from which it is apparent that the collective bargaining agreement was or will be applicable to the motion picture.
(1) a transfer of copyright ownership consisting solely of a mortgage, hypothecation, or other security interest; or
(2) a subsequent transfer of the copyright ownership secured by the security interest described in paragraph (1) by or under the authority of the secured party, including a transfer through the exercise of the secured party's rights or remedies as a secured party, or by a subsequent transferee.
The exclusion under this subsection shall not affect any rights or remedies under law or contract.
(Added Pub. L. 105–304, title IV, §406(a), Oct. 28, 1998, 112 Stat. 2903.)References in Text
The effective date of this chapter, referred to in subsecs. (a) and (h), is Oct. 28, 1998. See Effective Date of 1998 Amendment note set out under section 108 of Title 17, Copyrights.
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