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Works for hire

Stanley Kaufman contributed numerous film reviews to The New Republic ("TNR").  Kaufman was not an employee of TNR and there was evidence going both ways as to whether he or TNR owned the copyrights on his pieces.  There was no written agreement until in 2004, the literary editor sent Kaufman a letter saying it had always been their understanding that the works were works for hire.  Kaufman checked "Agreed" on the letter above his counter-signature.  After Kaufman's death, the Rochester Institute of Technology ("RIT") published an anthology of Kaufman's reviews, including the TNR reviews.  Kaufman's executor sued, claiming copyright infringement.  RIT moved for summary judgment based on the letter and the executor cross-appealed for summary judgment against RIT as to liability.  The district court, based on the letter, granted summary judgment to RIT.

The Second Circuit reversed, holding that because the letter was not signed until years after the works were published, it did not transform the reviews into works for hire.  The case was remanded to the district court for further proceedings (presumably a trial as to damages).

The decision in Kaufman v. Rochester Institute of Technology can be found here.

Full post as published by Second Opinions on August 01, 2019 (boomark / email).