California Civil Code

§ 982

CIV § 982Div. 2 · Title 2 · Part 3 · Ch. 3

Statute text

(a)The owner of any rights in any original works of authorship not fixed in any tangible medium of expression may transfer the ownership therein.

(b)The owner of any invention or design, or of any representation or expression thereof, may transfer his or her proprietary interest in it.

(c)Notwithstanding any other provision in this section, whenever a work of fine art is transferred, whether by sale or on commission or otherwise, by or on behalf of the artist who created it, or that artist’s heir, legatee, or personal representative, the right of reproduction thereof is reserved to such artist or such heir, legatee, or personal representative until it passes into the public domain by act or operation of law, unless that right is expressly transferred by a document in writing in which reference is made to the specific right of reproduction, signed by the owner of the rights conveyed or that person’s duly authorized agent. If the transfer is pursuant to an employment relationship, the right of reproduction is transferred to the employer, unless it is expressly reserved in writing. If the transfer is pursuant to a legacy or inheritance, the right of reproduction is transferred to the legatee or heir, unless it is expressly reserved by will or codicil. Nothing contained herein, however, shall be construed to prohibit the fair use of such work of fine art.

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Legislative history

Amended by Stats. 1982, Ch. 574, Sec. 4.