§ 4339. Claims for proceeds from sale of certain certificates: jurisdiction, limitations; divestment of copyrights: “copyrights” defined, rights of licensees and assignees, reproduction rights of United States, transfer of interests, payment of royalties to Attorney General, suits for infringement

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1917

   Pub. L. 87–846 title II § 206 · 76 Stat. 1107

   Enacted · 50 U.S.C. § 4339

   Oct. 6, 1917, ch. 106, § 41, as added Pub. L. 87–846, title II, § 206, Oct. 22, 1962, 76 Stat. 1115

   Source evidence

   Code source credit
   Oct. 6, 1917, ch. 106, § 41, as added Pub. L. 87–846, title II, § 206, Oct. 22, 1962, 76 Stat. 1115

   Enacted provision · exact public law section
   Sec. 206. At the end of the Act, as amended, add the following new section: “Sec. 41. (a) Notwithstanding any statute of limitation, lapse of time, any prior decision by any court of the United States, or any compromise, release or assignment to the Alien Property Custodian, jurisdiction is hereby conferred upon the United States Court of Claims to hear, determine, and report to the Congress concerning the claims against the United States for the proceeds received by the United States from the sale of the property vested under the provisions of the Trading With the Enemy Act by vesting order num- 50 USC app. 1. bered 33 relating to certificate numbers 104 to 121, inclusive, 125,126, 128 to 134, inclusive, and 137 to 139, inclusive. Proceedings with respect to such claims may be instituted hereunder not later than one year after the date of the enactment of this Act. “(b) As used in this section the word ‘copyrights’ includes copyrights, claims of copyrights, rights to copyrights, and rights to copyright renewals. “(c) All copyrights vested in the Alien Property Custodian or the Attorney General under the provisions of this Act subsequent to December 17, 1941, which have not been returned or otherwise disposed of under this Act, except copyrights vested by vesting orders 128 (7 F.R. 7578), 13111 (14 F.R. 1730), 14349 (15 F.R. 1575), 17366 (16 F.R. 2483), and 17952 (16 F.R. 6162) and copyrights vested with respect to the motion picture listed last in exhibit A of vesting order 11803, as amended (13 F.R. 5167, 15 F.R. 1626), are hereby divested as a matter of grace, effective the ninety-first day after the date of enactment of this section, and the persons entitled thereto shall on that day succeed to the rights, privileges, and obligations arising out of .such copyrights, subject, however, to— “(1) the rights of licensees under licenses issued by the Alien Property Custodian or the Attorney General in respect of such copyrights; “(2) the rights of assignees under assignments by (he Alien Property Custodian or the Attorney General of interests in such licenses; and “(3) the right retained by the United States to reproduce, for its own use, or exhibit any divested copyrighted motion picture films. The rights and interests remaining in the Attorney General under licenses issued by him or by the Alien Property Custodian in respect to copyrights divested hereunder are hereby transferred, effective the day of divestment, to the persons entitled to such copyrights: Provided, That all unpaid royalties or other income accrued in favor of the Attorney General under such licenses prior to the day of divestment shall be paid by the licensees to the Attorney General. “(d) All rights or interests vested in the Alien Property Custodian or the Attorney General under the provisions of this Act. subsequent to December 17, 1941, arising out of prevesting contracts entered into with respect to copyrights, except— “(1) royalties or other income received by or accrued in favor of the Alien Property Custodian or the Attorney General under such contracts; “(2) rights or interests which have been returned or otherwise disposed of under this Act; and “(3) rights or interests vested by vesting orders 128 (7 F.R. 7578), 13111 (14 F.R. 1730), 14349 (15 F.R. 1575), and 17366 (16 F.R. 2483), are hereby divested as a matter of grace, effective the ninety-first day after the date of enactment of this section, and the persons entitled to such rights or interests shall succeed thereto, subject to the right of the Attorney General to collect and receive all unpaid royalties or other income accrued in his favor under such prevesting contracts prior to the day of divestment. “(e) Nothing in this section shall be construed to transfer to a person entitled to a copyright divested hereunder the right of the Attorney General to sue for the infringement of such copyright during the period between (1) the vesting thereof or the vesting of rights and interests in a contract entered into with respect thereto, and (2) the day of divestment. The right to sue for infringement shall remain in the Attorney General.”

2. 1964

   Pub. L. 88–490 · 78 Stat. 607

   1. Substituted · 50 U.S.C. § 4339(a)

      Pub. L. 88–490 substituted “render judgment upon” for “report to the Congress concerning”

   2. Substituted · 50 U.S.C. § 4339(a)

      Pub. L. 88–490 substituted “two years after October 22, 1962” for “one year after the date of the enactment of this Act”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 88–490 substituted “render judgment upon” for “report to the Congress concerning” and “two years after October 22, 1962” for “one year after the date of the enactment of this Act”.

3. 1982

   Federal Courts Improvement Act of 1982

   Pub. L. 97–164 title I § 161(9) · 96 Stat. 25

   Substituted · 50 U.S.C. § 4339(a)

   Pub. L. 97–164 substituted “Claims Court” for “Court of Claims”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 97–164 substituted “Claims Court” for “Court of Claims”.

   Enacted provision · exact public law section
   (9) Section 41(a) of the Trading with the Enemy Act (50 U.S.C. App. 42(a)).

4. 1992

   Court of Federal Claims Technical and Procedural Improvements Act of 1992

   Pub. L. 102–572 title IX § 902(b)(1) · 106 Stat. 4506

   Substituted · 50 U.S.C. § 4339(a)

   Pub. L. 102–572 substituted “United States Court of Federal Claims” for “United States Claims Court”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 102–572 substituted “United States Court of Federal Claims” for “United States Claims Court”.

   Enacted provision · exact public law section
   (1) the “United States Claims Court” shall be deemed to refer to the “United States Court of Federal Claims”; and

   Effective date note
   Amendment by Pub. L. 102–572 effective Oct. 29, 1992, see section 911 of Pub. L. 102–572, set out as a note under section 171 of Title 28, Judiciary and Judicial Procedure.

3 of 5 references resolved to an enrolled provision · 2 partial