Re: Copyright Ownership in Community Property States

On 4/22/99, Wes Cochran <xpjwc[_at_]ttacs.ttu.edu> wrote:
>
> 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?

My first reaction would be that it's premature to file anything in response to the Rodrigue case other than an appeal.

My second reaction is that (possibly excluding Louisiana) divorce laws are normally a matter of equity jurisdiction anyway, so that imposing an equitable servitude on the economic benefit of a copyright, or even a usufruct, would not conflict with the technical ownership provisions of the Copyright Act. Therefore, even if Rodrigue turns out to have been correctly decided, it may have little practical significance even in community property states.

Obviously, I'm just talking through my hat here, since I'm not admitted in any community property jurisdiction.

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