Legal Opinion

Effects Associates, Inc. v. Cohen

Court of Appeals for the Ninth Circuit

Decided July 20, 1990No. 88-6455PublishedCited by 58 opinions

1Opinion of the Court

KOZINSKI, Circuit Judge:

What we have here is a failure to compensate. Larry Cohen, a low-budget horror movie mogul, paid less than the agreed price for special effects footage he had commissioned from Effects Associates. Cohen then used this footage without first obtaining a written license or assignment of the copyright; Effects sued for copyright infringement. We consider whether a transfer of copyright without a written agreement, an arrangement apparently not uncommon in the motion picture industry, conforms with the requirements of the Copyright Act.

Pacts

This started out as a…

2Cases cited8 opinions

  1. Community for Creative Non-Violence v. ReidSupreme Court of the United States · 1989
  2. S.O.S., Inc. v. Payday, Inc.Court of Appeals for the Ninth Circuit · 1989
  3. Frank Oddo v. Jack W. Ries, Mme Publications, Mme Publishing Company and Material Movement EnterprisesCourt of Appeals for the Ninth Circuit · 1984
  4. In Re Bubble Up Delaware, Inc., a Delaware Corporation, Debtor. Irving Sulmeyer and Arnold Kupetz, Co-Trustees v. United StatesCourt of Appeals for the Ninth Circuit · 1982
  5. Easter Seal Society for Crippled Children and Adults of Louisiana, Inc. v. Playboy EnterprisesCourt of Appeals for the Fifth Circuit · 1987

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3Cited by58 opinions

  1. Cindy Garcia v. Google, Inc.Court of Appeals for the Ninth Circuit · 2015
  2. I.A.E., Inc. v. ShaverCourt of Appeals for the Seventh Circuit · 1996
  3. Johnson v. JonesCourt of Appeals for the Sixth Circuit · 1998
  4. Nelson-Salabes, Inc. v. Morningside Development, LLCCourt of Appeals for the Third Circuit · 2002
  5. Johnson v. JonesCourt of Appeals for the Sixth Circuit · 1998

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