RE: Check endorsements as contracts (was Re: rules for scanned ar ticles in journals?)

I haven't been following this line closely but has anyone cited Playboy Enterprises v Dumas 53 F.3d 549 (2d Cir 1995) yet?

-----Original Message-----
From: S. Martin Keleti [mailto:keleti[_at_]manifesto.com] Sent: Monday, December 10, 2001 11:41 AM To: Multiple recipients of list
Subject: Re: Check endorsements as contracts (was Re: rules for scanned articles in journals?)

At 06:56 PM 12/8/2001 -0800, Karsten M. Self <kmself[_at_]ix.netcom.com> wrote:
>Trolling through my list archives, I ran across this gem:
>
>on Sun, Mar 25, 2001 at 10:37:25AM -0600, Carol Simpson
>(csimpson[_at_]lis.admin.unt.edu) wrote:
>
> > I occasionally write for a journal that pays authors for published
> > works. When the check arrives, it comes with a letter that says
> > something like: "Your endorsement of the enclosed check transfers the
> > copyright of the article to the publisher." Based on what is written
> > below, is that endorsement signature sufficient to transfer copyright?
>
>My understanding is that this falls under state and contract law.

I think the issue is whether a checkrand endorsement satisfies the requirements of the Copyright Act's "statute of frauds" requiring a memorandum of transfer.

My experience (without published opinions) in a trial court, was that it was not. Received on Tue Dec 11 2001 - 16:29:50 GMT