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Journal of Intellectual Property Law & Practice 2008 3(5):287-289; doi:10.1093/jiplp/jpn049
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© The Author (2008). Published by Oxford University Press. All rights reserved

Current Intelligence

US Appeals Court invalidates retroactive assignments of copyrights

Ken Leichter
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, Washington, DC

Davis v Blige, 505 F.3d 90, 84 USP.Q.2D 1353 (2d Cir. 2007)

A unanimous panel of the US Court of Appeals for the Second Circuit held that a ‘retroactive’ assignment of ownership from a co-author of a copyright to an alleged infringer cannot defeat the other co-author's accrued infringement claims. The court also held that a written agreement could not ‘ratify’ an earlier oral agreement to transfer ownership.

Correspondence: Email: kenneth.leichter{at}finnegan.com


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