Re: obscure derivative works question

From: <ArborLaw[_at_]aol.com>
Date: Fri, 1 Nov 1996 16:22:16 -0500

Mark Lemley writes, with regard to unauthorized derivative works:
>
> My question is, at what point in time is "has been used unlawfully"
> judged? If I translate first and get authorization later, am I forever
> without copyright, on the theory that at the time I made it the use was
> unlawful? Or if I later get permission, does my unlawful use become
> lawful, entitling me to a [retroactive?] copyright?

There is a split in the caselaw with many outcomes running both ways:

--once unauthorized, always illegal, no rights in material original to   derivative
--retroactive permission allows claim in material original to derivative

Nimmer on Copyright has a very thorough treatment of this in the section on derivative works.

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

==--====-==-=-=-==--=--====--=-=-=-====---===-=-=-====---===---= Received on Fri Nov 01 1996 - 21:23:53 GMT