Re: inequitable conduct in copyright

From: David Hale <DHale[_at_]AGGT.com>
Date: Mon, 7 Aug 2000 09:40:06 -0400

>>
>> Does anyone know (off-hand) of any copyright cases where the court
>> has ruled against the putative owner of the copyright for inequitable
>> conduct or fraud? In particular, I am interested in cases where the
>> person claiming ownership may have received "ownership" through a
>> fraudulent transfer from the original owner.

   >I may be a bit slow in my old age, but how does an owner make a
>"fraudulent transfer?"

One word: bankruptcy. It is fraudulent to dump the assets out of an estate just before filing bankruptcy and then conceal that fact. I suspect there are other ways as well, but this is the case at hand.

>> Also of interest would
>> be cases where the "owner" misrepresented to the Copyright Office
>> how ownership was obtained.

> I don't know when the last time was the US Copyright Office ever asked
>or inquired as to how an ownership was obtained, do you?

The standard long-form copyright applications (Section 4) ask how ownership of the copyright interest being registered was obtained, if the registrant is not the author.

So, given the above additional information, anyone have any thoughts? (Thanks, Lee. I already have your post. I am checking it out.)

-David Hale Received on Mon Aug 07 2000 - 13:35:17 GMT

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