Re: escheat of a copyright

From: Scott Carle <sacarle[_at_]hiwaay.net>
Date: Fri, 13 Sep 1996 03:59:03 -0500

I work for a software corporation and we do work for the US government. They hire us to develop a certain type of software thus the copyright is their's. As far as I know anyway.

-
Scott Carle
http://webstylings.home.ml.org/
sacarle[_at_]hiwaay.net
-



> From: ArborLaw[_at_]aol.com
> To: Multiple recipients of list <cni-copyright[_at_]cni.org>
> Subject: Re: escheat of a copyright
> Date: Thursday, September 12, 1996 12:10 AM
>
>
> Fascinating issue. I don't know of any cases involving escheat of
> copyright, but Nimmer (which I am assuming you have already
> consulted), indicates that US copyrights are treated like other
> royalty-producing intangible personal property under state laws.
> In other words, waste rules, joint ownership, and tax treatment of
> personalty apply. I researched adverse possession of copyright a
> couple of years back, another interesting one. At that point in
> time there was actually one case in existence.
>
> As far as I know, there is no prohibition against a state government
> or any other government, including the federal government, owning a
> copyright and licensing it.
>
> You might look by analogy to treatment of other income- or royalty-
> producing personalty that has been transferred by escheat, if you
> come up empty.
>
> My intuition suggests you might very well not find anything. In
> sheer numbers, copyrights as assets having value have proliferated
> since 1978, when they became automatic and much easier to perfect
> and thus harder to lose. I similarly guess there has been less and
> less escheat of property of all types, since longevity has risen and
> since we have entered the information age and it is less likely that
> people die without their heirs being findable. A social scientist
> (or an unsocial scientist) or at the very least someone with an
> extremely strong opinion will surely correct me in the very next
> post, if I am wrong.
>
> Carol Shepherd
> ===--====--=-=-=-====---===-=-=-====---===-----====-==-=-=-=====
> Carol Ruth Shepherd arborlaw[_at_]aol.com
> shepherd[_at_]arborlaw.com
> 320 S Main Box 8403
> business, Ann Arbor MI 48107
> technology, entertainment +1 313 668 4646 tel
> and new media law +1 313 663 9361 fax
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Received on Fri Sep 13 1996 - 09:12:05 GMT

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