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47-07 Personal or Movable Property - General Provisions

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CHAPTER 47-07PERSONAL OR MOVABLE PROPERTY - GENERAL PROVISIONS47-07-01. Jurisdiction - Law of domicile applies. If there is no law to the contrary inthe place where personal property is situated, it is deemed to follow the person of its owner and<br>is governed by the law of the owner's domicile.47-07-02. Thing in action defined. A thing in action is a right to recover money or otherpersonal property by a judicial proceeding.47-07-03. Thing in action transferable. A thing in action arising out of the violation of aright of property or out of an obligation may be transferred by the owner. Upon the death of the<br>owner, it passes to the owner's personal representatives except when in the cases provided by<br>law it passes to the owner's devisees or successor in office.47-07-04. Products of the mind - Ownership - Application. The author of any productof the mind, whether it is an invention, a composition in letters or art, a design, with or without<br>delineation or other graphical representation, has an exclusive ownership therein and in the<br>representation or expression thereof which continues as long as the product and the<br>representations or expressions thereof made by the author remain in the author's possession.47-07-05.Joint ownership of products of the mind.Unless otherwise agreed, aproduct of the mind in the production of which several persons are concerned jointly is owned by<br>them as follows:1.If the product is single, in equal proportions; or2.If it is not single, in proportion to the contribution of each.47-07-06. Transfer of products of the mind. The owner of any product of the mind, orof any representation or expression thereof, may transfer the owner's property in the same.47-07-07. Publication of products of the mind - Right to reproduce. If the owner of aproduct of the mind intentionally makes it public, a copy or reproduction may be made public by<br>any person without responsibility to the owner so far as the law of this state is concerned.47-07-08. Identical products of the mind - Rights of respective owners. If the ownerof a product of the mind does not make it public, any other person subsequently and originally<br>producing the same thing has the same right therein as the prior author, and such right is<br>exclusive to the same extent against all persons except the prior author, or those claiming under<br>the prior author.47-07-09. Private communications - Ownership - Right of publication. Letters andother private communications in writing belong to the person to whom they are addressed and<br>delivered. They cannot be published, however, against the will of the writer except by authority of<br>law.47-07-10. Goodwill defined. The goodwill of a business is the expectation of continuedpublic patronage, but it does not include a right to use the name of any person from whom it was<br>acquired.47-07-11.Goodwill - Transferability.The goodwill of a business is propertytransferable in the same manner as any other.47-07-12.Sale of goodwill - Warranty.One who sells the goodwill of a businessthereby warrants that the seller will not endeavor to draw off any of the customers.Page No. 147-07-13. Title deeds - Ownership passes with title. Instruments essential to the titleof real property which are not kept in a public office as a record pursuant to law belong to the<br>person in whom, for the time being, such title may be vested, and pass with the title.47-07-14.Museum records - Disposition of loaned or donated objects.Everynonprofit or noncounty museum in this state which is loaned or receives by donation any object<br>for public display or safekeeping must keep a record of those objects. The record must indicate<br>the owner or owners of the loaned objects and their addresses. A duplicate of the record must<br>be filed with the county in which the museum is located. The board of directors or any person in<br>charge of a museum which is closing or closed must return loaned objects to the recorded<br>owners.All unreturned or unclaimed objects must be retained for two years to ensure thatindividuals have the opportunity to reclaim loaned objects. After that time, unclaimed objects<br>may be disposed of at the discretion of the board of directors or person in charge of the museum.Page No. 2Document Outlinechapter 47-07 personal or movable property - general provisions