Re: Assignment of Copyright II

From: Jessica Litman <litman[_at_]mindspring.com>
Date: Fri, 10 Apr 1998 14:12:44 -0400

On 4/9/98, Juliann Krute <juliann[_at_]people-are.strange.com> wrote:
>
> OK, let's make matters a bit more confusing. Assuming that Author A has
> given a license to make a derivative work to Author B, who has assumed
> the responsibility and writing for the web pages.
>
> 2 years pass. Author B has updated the site almost daily, and the
> content has changed almost entirely. The theme, name and format remain
> the same, but every other detail has been altered throughout the years.
>
> Author A comes to Author B and demands that B stop work on the pages,
> because Author A wants them back.

Under US law (which is all I feel competent to speak to), the derivative work is authorized by A, so copyright in B's version vests in B. A can revoke the license to use copyright-protected material contributed by A, but so long as B excises any of that material that remains (and it doesn't sound as if there's very much: name and theme would not be protected, and format would be protected only to the extent it is both original and expressive), B can continue to produce and post B's version. A cannot make any use of expression contributed by B, but can surely revise A's original web pages to reflect subsequent developments, including uncopyrightable ideas and facts added by B.

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Jessica Litman
Professor of Law, Wayne State University (Visiting Professor, Washington College of Law) litman[_at_]mindspring.com Received on Fri Apr 10 1998 - 18:12:23 GMT