Copyright Ownership in Community Property States

I recall some criticism previously on the list for the Worth case concerning ownership of copyrighted works by the marital community by operation of law on divorce. The Eastern District of Louisiana ruled recently in Rodrigue v. Rodrigue, 1999 WL 76387, that the Copyright Act preempts Louisiana's community property regime (and by implication other states' as well). Judge Lemmon held that copyright ownership vests in the creator of the work as his or her separate property at the moment of creation. "Ownership cannot vest simultaneously in both the author alone and in the community. Community property law may not defeat the clearly expressed intention of the Congress by attributing copyright ownership to a non-author at the time of creation." Judge Lemmon also left to Congress the problem of finding a solution to the competing interests between a national, uniform scheme of copyright ownership and protection of non-creating spouse in community property states.

Is anyone aware of bills filed in response to the Rodrigue case?

J. Wesley Cochran
Professor of Law
Texas Tech University
Lubbock, TX
<xpjwc[_at_]ttacs.ttu.edu> Received on Thu Apr 22 1999 - 13:48:26 GMT