Compendium of U.S. Copyright Practices, 3rd Edition

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2309.3 (A) Constructive Notice

2309.3 (A) Constructive Notice

Recording a transfer or other document pertaining to copyright may provide constructive notice – a legal concept meaning that members of the public are deemed to have knowledge of the facts stated in the document. See Fees, 63 Fed. Reg. 43,426, 43,427 (Aug. 13, 1998).

Section 205 (C) of the Copyright Act states that recordation “gives all persons

constructive notice of the facts stated in the recorded document,” but only if (I) “the document, or material attached to it, specifically identifies the work to which it pertains so that, after the document is indexed by the Register of Copyrights, it would be revealed by a reasonable search under the title or registration number of the work,” and (ii) the work has been registered with the Office.

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