Si le document protégé par le droit d`auteur est enregistré, s`il est: Da 17 Us.C. . . . . . . . . . . .
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. . . . . . . . Nat`l Peregrine, Inc.
v. Capitol Fed. Service. Loan (In re Peregrine Entm`t, Ltd),116 B.R. 194, 200-204 (C.D. Cal. 1990). Therefore, the proper method for developing a security interest in a registered copyright is to register the security interest with the Copyright Office in order to “provide all persons with constructive information about the facts mentioned in the registered document” instead of filing a funding statement pursuant to Article 9. Id. (cite 17.C.
see also Aerocon Eng`g, Inc. v. Silicon Valley Bank (In re World Auxiliary Power Co.), 303 F.3d 1120, 1128 (9. Cir. 2002); Morgan Creek Prods., Inc. v Franchise Pictures LLC (In re Franchise Pictures LLC), 389 B.R. 131, 142 (Bankr.C.D. Cal.
2008); In re Avalon Software Inc., 209 B.R. 517 (Bankr. D. Ariz. However, the development of unregistered copyright must be done by filing a funding statement with the Secretary of State pursuant to Article 9 , and not by recording the security interest in non-registered copyright with the Agency. In re: World Auxiliary Power Company, 303 F.3d to 1128. If federal law does not anticipate section 9 with respect to the development of a security interest in a particular intellectual property, a funding statement must be filed with the Secretary of State`s office, unless the guarantee is related to real estate, in which case an application should normally be filed with the Landratsamt. U.C.C 9501. A financing list must include the debtor`s name; 2) include the name of the insured party or a representative of the insured party; and (3) to indicate the collateral that is included in the funding list. No. 9502 (a) (1)–3). The financing statement must not be signed by the debtor.
No. 9502, cot. A funding report rightly states the guarantees it covers when it contains either a description (1) of security that is similar to those provided in the above security agreement, or (2) an indication that the financing settlement “includes all personal assets or assets.” 9504. A funding return is valid for a period of five years from the date of filing, unless its effectiveness is maintained or completed. 9513, 9515 (a). Priority and constructive notice is intended to protect purchasers, licensees and insured creditors from the risk of losing their interests in the event of conflicting assignments or bankruptcy of the copyright holder. But certain conditions must be met to guarantee these benefits. There are generally several advantages to registering security interests in the intellectual property.
In the case of a copyrighted work, registration is a priority between conflicting transfers of the same copyrighted work. Another advantage is constructive communication, that is, when registering the document with the Copyright Office, it is considered that the public is aware of the facts mentioned in the recorded document and cannot say otherwise.