Section 22-502 - Title to copy.
§ 22-502. Title to copy.
(a) Determined by license.- 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) Transfer of title; passing of title.- 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) Refusal of delivery; rejection of terms.- 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.
[2000, ch. 11.]