|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
PARRIS N. GLENDENING, Governor
|
|
|
|
|
|
S.B. 142
|
|
|
|
|
|
|
|
|
|
|
|
|
|
(D) A DISCLAIMER OR MODIFICATION OF A WARRANTY OR REMEDY WHICH IS
EFFECTIVE AGAINST THE LICENSEE IS ALSO EFFECTIVE AGAINST THIRD PERSONS
TO WHICH A WARRANTY EXTENDS UNDER THIS SECTION.
SUBTITLE 5. TRANSFER OF INTERESTS AND RIGHTS; OWNERSHIP AND TRANSFERS;
FINANCING ARRANGEMENTS.
OWNERSHIP AND TRANSFERS.
21-501. OWNERSHIP OF INFORMATIONAL RIGHTS.
(A) IF AN AGREEMENT PROVIDES FOR CONVEYANCE OF OWNERSHIP OF
INFORMATIONAL RIGHTS IN A COMPUTER PROGRAM, OWNERSHIP PASSES AT THE
TIME AND PLACE SPECIFIED BY THE AGREEMENT BUT DOES NOT PASS UNTIL THE
PROGRAM IS IN EXISTENCE AND IDENTIFIED TO THE CONTRACT. IF THE AGREEMENT
DOES NOT SPECIFY A DIFFERENT TIME, OWNERSHIP PASSES WHEN THE PROGRAM
AND THE INFORMATIONAL RIGHTS ARE IN EXISTENCE AND IDENTIFIED TO THE
CONTRACT.
(B) TRANSFER OF A COPY DOES NOT TRANSFER OWNERSHIP OF
INFORMATIONAL RIGHTS.
21-502. TITLE TO COPY.
(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.
|
|
|
|
|
|
|
|
|
|
- 3681 -
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
 |
