50 U.S.C. § 4339: Claims for proceeds from…

Summary

The United States Court of Federal Claims can hear and decide claims for money the U.S. got from selling property taken by vesting order number 33 for certificate numbers 104–121, 125, 126, 128–134, and 137–139. Any such claim must be filed no later than two years after October 22, 1962. The word "copyrights" here means copyrights, claims to copyrights, rights to copyrights, and renewal rights. All copyrights taken by the Alien Property Custodian or the Attorney General after December 17, 1941, that were not returned or otherwise disposed of are given back to the people entitled to them on the ninety-first day after October 22, 1962, except those covered by vesting orders 128, 13111, 14349, 17366, 17952, and the last motion picture listed in exhibit A of vesting order 11803 (as amended). Those returned rights are subject to existing licenses and assignments, and the United States may still reproduce or show any returned motion pictures for its own use. Any unpaid royalties or income that belonged to the Attorney General before the return must be paid to him by the licensees. Rights tied to earlier contracts are treated the same, except the Attorney General keeps the right to collect unpaid royalties. The Attorney General also keeps the right to sue for copyright infringement for the time between the original vesting and the day the rights are returned.

Title 50, §4339

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(a)Jurisdiction

Notwithstanding any statute of limitation, lapse of time, any prior decision by any court of the United States, or any compromise, release or assignment to the Alien Property Custodian, jurisdiction is hereby conferred upon the United States Court of Federal Claims to hear, determine, and render judgment upon the claims against the United States for the proceeds received by the United States from the sale of the property vested under the provisions of this chapter by vesting order numbered 33 relating to certificate numbers 104 to 121, inclusive, 125, 126, 128 to 134, inclusive, and 137 to 139, inclusive. Proceedings with respect to such claims may be instituted hereunder not later than two years after October 22, 1962.

(b)“Copyrights” defined

As used in this section the word “copyrights” includes copyrights, claims of copyrights, rights to copyrights, and rights to copyright renewals.

(c)Divestment of copyrights; limitations; transfer of remaining rights and interests

All copyrights vested in the Alien Property Custodian or the Attorney General under the provisions of this chapter subsequent to December 17, 1941, which have not been returned or otherwise disposed of under this chapter, except copyrights vested by vesting orders 128 (7 F.R. 7578), 13111 (14 F.R. 1730), 14349 (15 F.R. 1575), 17366 (16 F.R. 2483), and 17952 (16 F.R. 6162) and copyrights vested with respect to the motion picture listed last in exhibit A of vesting order 11803, as amended (13 F.R. 5167, 15 F.R. 1626), are hereby divested as a matter of grace, effective the ninety-first day after October 22, 1962, and the persons entitled thereto shall on that day succeed to the rights, privileges, and obligations arising out of such copyrights, subject, however, to—

(1)the rights of licensees under licenses issued by the Alien Property Custodian or the Attorney General in respect of such copyrights;

(2)the rights of assignees under assignments by the Alien Property Custodian or the Attorney General of interests in such licenses; and

(3)the right retained by the United States to reproduce, for its own use, or exhibit any divested copyrighted motion picture films.

The rights and interests remaining in the Attorney General under licenses issued by him or by the Alien Property Custodian in respect to copyrights divested hereunder are hereby transferred, effective the day of divestment, to the persons entitled to such copyrights: Provided, That all unpaid royalties or other income accrued in favor of the Attorney General under such licenses prior to the day of divestment shall be paid by the licensees to the Attorney General.

(d)Rights or interests arising out of prevesting contracts

All rights or interests vested in the Alien Property Custodian or the Attorney General under the provisions of this chapter subsequent to December 17, 1941, arising out of prevesting contracts entered into with respect to copyrights, except—

(1)royalties or other income received by or accrued in favor of the Alien Property Custodian or the Attorney General under such contracts;

(2)rights or interests which have been returned or otherwise disposed of under this chapter; and

(3)rights or interests vested by vesting orders 128 (7 F.R. 7578), 13111 (14 F.R. 1730), 14349 (15 F.R. 1575), and 17366 (16 F.R. 2483),

are hereby divested as a matter of grace, effective the ninety-first day after October 22, 1962, and the persons entitled to such rights or interests shall succeed thereto, subject to the right of the Attorney General to collect and receive all unpaid royalties or other income accrued in his favor under such prevesting contracts prior to the day of divestment.

(e)Suits for infringement

Nothing in this section shall be construed to transfer to a person entitled to a copyright divested hereunder the right of the Attorney General to sue for the infringement of such copyright during the period between (1) the vesting thereof or the vesting of rights and interests in a contract entered into with respect thereto, and (2) the day of divestment. The right to sue for infringement shall remain in the Attorney General.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in subsecs. (a), (c), and (d), was in the original “this Act” or “the Trading With the Enemy Act”, meaning act Oct. 6, 1917, ch. 106, 40 Stat. 411, also known as the Trading with the enemy Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see section 4301 of this title and Tables. Codification Section was formerly classified to section 42 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.

Amendments

1992—Subsec. (a). Pub. L. 102–572 substituted “United States Court of Federal Claims” for “United States Claims Court”. 1982—Subsec. (a). Pub. L. 97–164 substituted “Claims Court” for “Court of Claims”. 1964—Subsec. (a). Pub. L. 88–490 substituted “render judgment upon” for “report to the Congress concerning” and “two years after October 22, 1962” for “one year after the date of the enactment of this Act”.

Statutory Notes and Related Subsidiaries

Effective Date

of 1992 AmendmentAmendment by Pub. L. 102–572 effective Oct. 29, 1992, see section 911 of Pub. L. 102–572, set out as a note under section 171 of Title 28, Judiciary and Judicial Procedure.

Effective Date

of 1982 AmendmentAmendment by Pub. L. 97–164 effective Oct. 1, 1982, see section 402 of Pub. L. 97–164, set out as a note under section 171 of Title 28, Judiciary and Judicial Procedure.

Executive Documents

Transfer of Functions

Functions vested by law in Alien Property Custodian and Office of Alien Property Custodian transferred to Attorney General by Reorg. Plan No. 1 of 1947, § 101, eff. July 1, 1947, 12 F.R. 4534, 61 Stat. 951, set out in the Appendix to Title 5, Government Organization and Employees.

Summary

Title 50, §4339

Notes & Related Subsidiaries

Editorial Notes

References in Text

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Executive Documents

Transfer of Functions

Citations & Metadata