No. 20-696

Peter Brownstein v. Tina Lindsay, et al.

Lower Court: Third Circuit
Docketed: 2020-11-19
Status: Denied
Type: Paid
Tags: assignment-of-copyright co-authors copyright-act copyright-assignment copyright-law derivative-work exclusive-rights joint-work license-revenue statutory-ownership
Latest Conference: 2021-01-22
Question Presented (from Petition)

Once a joint work is fixed, are the rights of the co-authors as the statutory co-owners of the copyrights in that work severable such that a co-author is required to prove actual use by a licensee of the co-author's personal contribution? In other words, can the rights of co-authors during the life of the copyright be severed by the subsequent use made by the licensee? Or, as Brownstein contends, does the statute work give birth to a new, indivisible work, jointly owned by the co-authors?

2. Does the fact that a joint work is also a derivative work vitiate the statutory grant of co-ownership of copyrights?

3. Must a valid written assignment of copyright contain words of conveyance that clearly indicate an intention to transfer one or more of the exclusive copyrights?

Question Presented (AI Summary)

Whether the rights of co-authors in a joint work under the Copyright Act can be severed by the subsequent use made by a licensee

Docket Entries

2021-01-25
Petition DENIED.
2021-01-06
DISTRIBUTED for Conference of 1/22/2021.
2020-12-21
Brief of respondents Tina Lindsay, et al. in opposition filed.
2020-11-16
Petition for a writ of certiorari filed. (Response due December 21, 2020)

Attorneys

Peter Brownstein
Jay R. McDanielWeiner Law Group, LLP, Petitioner
Tina Lindsay, et al.
Jesse Colin KlaprothKlaproth Law PLLC, Respondent