Legal Question in Technology Law in Kentucky

Can such a statement exist that you can agree to in signing up for a fourm? Copyright to forum posts and other information become the property of Wizard101 Central.

Asked on 6/14/11, 6:59 pm

1 Answer from Attorneys

Bruce Burdick Burdick Law Firm
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It can exist, but it is simply a hoax that is not going to be a valid copyright assignment in most cases.

Written signed documents are needed pursuant to 17 USC 204 to effect a legally enforceable transfer of ownership in a copyright.

"TITLE 17 > CHAPTER 2 > § 204

§ 204. Execution of transfers of copyright ownership

(a) A transfer of copyright ownership, other than by operation of law, is not valid unless an instrument of conveyance, or a note or memorandum of the transfer, is in writing and signed by the owner of the rights conveyed or such owner’s duly authorized agent.

(b) A certificate of acknowledgement is not required for the validity of a transfer, but is prima facie evidence of the execution of the transfer if—

(1) in the case of a transfer executed in the United States, the certificate is issued by a person authorized to administer oaths within the United States; or

(2) in the case of a transfer executed in a foreign country, the certificate is issued by a diplomatic or consular officer of the United States, or by a person authorized to administer oaths whose authority is proved by a certificate of such an officer."

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6/14/11, 9:45 pm

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