Re: 204 and copyright license

On Fri, 27 Aug 1999, John Noble <jnoble[_at_]dgsys.com> wrote:
>
> Radio Television Espanola S.A. v. New World Entertainment, Ltd.,
> No. 97-56418 (9th Cir., July 16, 1999) upholds a district court
> grant of summary judgment in a case claiming breach of an alleged
> exclusive license to broadcast certain programs. The Ninth Circuit
> agrees that fax documents and internal memoranda do not satisfy
> the writing requirement of sec. 204(a).
>
> I had thought it was clear that 204(a) applied to copyright transfers
> and assignments but not to license agreements.

I haven't read the case, but the signed writing requirement of 204(a) applies to transfers of copyright ownership. "Transfer of copyright ownership" is a defined term, in section 101. In addition to assignments, it covers exclusive (but not nonexclusive) licenses. The exclusive nature of the license that you mention in your first sentence brings this within the 204(a) requirement.

-- 
Terry Carroll         |
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