Everything about Chain Of Title totally explained
A
chain of title is the sequence of historical transfers of
title to a
property. The "chain" runs from the present owner back to the original owner of the property. In situations where documentation of ownership is important, it's often necessary to reconstruct the chain of title. To facilitate this, a record of title documents may be maintained by a registry office or
civil law notary.
Chain of title for real property
Real estate is one field where the chain of title has considerable significance. Various registration systems, such as the
Torrens title system, have developed to track the ownership of individual pieces of
real property. In real estate transactions in the United States, insurance companies issue
title insurance based upon the chain of title to the property when it's transferred. Title insurance companies sometimes maintain private title plants that track real estate titles in addition to the official records. In other cases, the chain of title is established by an
abstract of title, sometimes, although not always, certified by an
attorney.
Chain of title for copyrights, trademarks, and rights of publicity
In the
motion picture industry, the
chain of title involves the series of documentation which establishes proprietary rights in a
film. The chain also applies to compilations in other fields, where many people have contributed to the project, thus acquiring authorship rights, or where materials were culled from many sources. Chain of title is extremely important to film purchasers and to film distributors, as it establishes the veracity of the owner's proprietary rights (or rights under
license) in the
intellectual property in a film, book or encyclopedia.
Chain of title documentation can include:
trademark clearances;
talent agreements, which should incorporate a legal release from the talent, be they actors (including crowds), directors, cinematographers, choreographers, or others, to use their works, images, likeness and other personality rights in the film;
proof of errors and omission insurance (a special form of insurance for motion picture producers which covers omissions in obtaining adequate chain of title).
Specialist organisations engage in the production of copyright property reports for motion picture studios, which cover original or unexploited works, and include the results of United States Copyright Office screening searches, author claimant searches, registration renewal searches and assignment searches. This involves reviewing US Copyright Office records from 1870 to present and numerous trade publications and databases, and Library of Congress records.
Further Information
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