59.1-505.2 - Title to copy. - Virginia Statutes

§ 59.1-505.2. 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 copyis 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 tothat copy and any copies made of it, unless the license grants the licensee aright to make and sell copies to others, in which case the reservation oftitle 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 andplace the licensor completed its obligations with respect to tender of thecopy; or

(B) with respect to electronic delivery of a copy, if a first sale occursunder federal copyright law, at the time and place at which the licensorcompleted its obligations with respect to tender of the copy.

(c) If the party to which title passes under the contract refuses delivery ofthe copy or rejects the terms of the agreement, title revests in the licensor.

(2000, cc. 101, 996.)