§ 4339. Claims for proceeds from sale of certain certificates: jurisdiction, limitations; divestment of copyrights: “copyrights” defined, rights of licensees and assignees, reproduction rights of United States, transfer of interests, payment of royalties to Attorney General, suits for infringement

1,019 words·~5 min read·/usc/title-50/section-4339

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(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.

(Oct. 6, 1917, ch. 106, § 41, as added Pub. L. 87–846, title II, § 206, Oct. 22, 1962, 76 Stat. 1115; amended Pub. L. 88–490, Aug. 26, 1964, 78 Stat. 607; Pub. L. 97–164, title I, § 161(9), Apr. 2, 1982, 96 Stat. 49; Pub. L. 102–572, title IX, § 902(b)(1), Oct. 29, 1992, 106 Stat. 4516.)

Connectionstraces to 2

Traces to 2 documents

U.S. Code

16 references not yet in our index

Oct. 6, 1917, ch. 106, § 41
Pub. L. 87–846, title II, § 206
76 Stat. 1115
Pub. L. 88–490
78 Stat. 607
Pub. L. 97–164, title I, § 161(9)
96 Stat. 49
Pub. L. 102–572, title IX, § 902(b)(1)
106 Stat. 4516
act Oct. 6, 1917, ch. 106
40 Stat. 411
Pub. L. 102–572
Pub. L. 97–164
section 911 of Pub. L. 102–572
section 402 of Pub. L. 97–164
61 Stat. 951

Citation graph

cites case law

§ 4339

Claims for proceeds from sale of certain certificates: jurisdiction, limitations; divestment of copyrights: “copyrights” defined, rights of licensees and assignees, reproduction rights of United States, transfer of interests, payment of royalties to Attorney General, suits for infringement

U.S.C.§ 4301

U.S.C.§ 171

ActOct. 6, 1917, ch. 106, § 41

Pub. L.Pub. L. 87–846, title II, § 206

Stat.76 Stat. 1115

Pub. L.Pub. L. 88–490

Stat.78 Stat. 607

Cites 18 · showing 7Cited by 0 across 0 sources