(C)
(D)
RECORDANCE AS CONSTRUCTIVE NOTICE - Recordance of a document in the
Copyright Office gives all persons constructive notice of the facts stated in the
recorded document, but only if:
( 1)
The document, or material attached to it, specifically identifies the work to
which it pertains so that, after the document is indexed by the Director
General of Copyright, it would be revealed by a reasonable search under the
Chapter of registration number of the work; and
(2)
Registration has been made for the work.
RECORDANCE AS PREREQUISITE TO INFRINGEMENT SUIT
In the case of works first published in Liberia by Liberian authors, no persons
claiming by virtue of a transfer to be the owner of copyright may institute an
infringement action unless the claim has been recorded in the Copyright Office, but
suit may be instituted after such recordance on a cause of action that arose before
recordance.
(E)
PRIORITY BETWEEN CONFLICTING TRANSFERS
As between two conflicting transfers, the one executed first prevails if it is recorded,
in the manner required to give constructive notice under sub-section (c) within one
month after its execution outside Liberia, or at any time before recordance in such
manner of the later transfer. Otherwise, the later transfer prevails if recorded first in
such manner, and if taken in good faith, for valuable consideration or on the basis of
a binding promise to pay royalties, and without notice of the earlier transfer.
(F)
PRIORITY BETWEEN CONFLICTING TRANSFER OR
OWNERSHIP AND NON EXCLUSIVE LICENSE
A nonexclusive license, whether recorded or not, prevails over a conflicting transfer
of copyright ownership if the license is evidenced by a written instrument signed by
the owner of the rights licensed or such owner's duly authorized agent, and if:
(1)
The license was taken before execution of the transfer, or
(2)
The license was taken in good faith before recordance of the transfer and
without notice of it.
SECTION:
2.29
LICENSE BY OWNERSHIP OF COPYRIGHT
The owner of the copyright in any existing work or the prospective owner of the copyright in
any future work may grant any interest in the right by license in writing signed by him or his
duly authorized agent; provided that in the case of a license relating to copyright in any future
work, the license shall take effect only when the work comes into existence.
That is to say, where a person to whom a license relating to copyright in any future work is
granted under this section dies before the work comes into existence, his legal representatives
shall, in the absence of any provision to the contrary in the license, be entitled to the benefit
of the license.
30
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