§ 22-502. Title to copy

MD Comm L Code § 22-502 (2019) (N/A)

Copy with citation

Copy as parenthetical citation

(a) In a license:

(1) Title to a copy is determined by the license;

(2) A licensee’s right under the license to possession or control of a copy is governed by the license and does not depend solely on title to the copy; and

(3) If a licensor reserves title to a copy, the licensor retains title to that copy and any copies made of it, unless the license grants the licensee a right to make and sell copies to others, in which case the reservation of title applies only to copies delivered to the licensee by the licensor.

(b) If an agreement provides for transfer of title to a copy, title passes:

(1) At the time and place specified in the agreement; or

(2) If the agreement does not specify a time and place:

(A) With respect to delivery of a copy on a tangible medium, at the time and place the licensor completed its obligations with respect to tender of the copy; or

(B) With respect to electronic delivery of a copy, if a first sale occurs under federal copyright law, at the time and place at which the licensor completed its obligations with respect to tender of the copy.

(c) If the party to which title passes under the contract refuses delivery of the copy or rejects the terms of the agreement, title revests in the licensor.

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