Title 17CopyrightsRelease 119-73

§1320 Ownership and transfer

Title 17 › Chapter CHAPTER 13— - PROTECTION OF ORIGINAL DESIGNS › § 1320

Last updated Apr 6, 2026|Official source

Summary

Ownership of a protected design goes to the designer, their legal representative if they are dead or incapacitated, the employer if it was made on the job, or a person who got the rights. A registered design or one that can be registered may be transferred, sold, or mortgaged by a written, signed document or left by will. A sworn statement under section 1312 counts as basic proof the transfer was signed. Such a transfer does not bind a later buyer or lender who paid value unless it is recorded in the Office of the Administrator within 3 months of signing or before that later purchase or mortgage.

Full Legal Text

Title 17, §1320

Copyrights — Source: USLM XML via OLRC

(a)The property right in a design subject to protection under this chapter shall vest in the designer, the legal representatives of a deceased designer or of one under legal incapacity, the employer for whom the designer created the design in the case of a design made within the regular scope of the designer’s employment, or a person to whom the rights of the designer or of such employer have been transferred. The person in whom the property right is vested shall be considered the owner of the design.
(b)The property right in a registered design, or a design for which an application for registration has been or may be filed, may be assigned, granted, conveyed, or mortgaged by an instrument in writing, signed by the owner, or may be bequeathed by will.
(c)An oath or acknowledgment under section 1312 shall be prima facie evidence of the execution of an assignment, grant, conveyance, or mortgage under subsection (b).
(d)An assignment, grant, conveyance, or mortgage under subsection (b) shall be void as against any subsequent purchaser or mortgagee for a valuable consideration, unless it is recorded in the Office of the Administrator within 3 months after its date of execution or before the date of such subsequent purchase or mortgage.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

1999—Subsec. (c). Pub. L. 106–44 substituted “Acknowledgment” for “Acknowledgement” in heading.

Reference

Citations & Metadata

Citation

17 U.S.C. § 1320

Title 17Copyrights

Last Updated

Apr 6, 2026

Release point: 119-73