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Ninth Circuit: Termination of rights allows Lassie to come home to author's heir

By McKee, Voorhees & Sease, P.L.C.

In a decision last week, the Ninth Circuit reversed a district court's denial of summary judgment in a copyright case.  The district court held the heir of an author had, by agreement, "given away" the termination right granted by 17 U.S.C. § 304(c).

The Ninth Circuit reversed, stating that the district court had gone against the express language of § 304(c)(5), Congress's intent of protecting authors, and the lack of any language transferring the right of termination in the agreement.  The court specifically stated that the language of § 304(c) and Congress's clear intent in the passage of § 304(c) was to allow authors the opportunity to renegotiate previously-granted rights in copyright after the 1976 Copyright Act extended the term of protection in existing works.  The court said that Congress wanted to reward authors, and it would not make sense for the Act to benefit the assignee rather than the author's heir.  As a result, the court reversed the grant of summary judgment in favor of the assignee and remanded with instructions to enter judgment for the heir.

More on Classic Media, Inc. v. Mewborn after the jump.

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Full post as published by FileWrapper on July 17, 2008 (boomark / email).