Legal Opinion

Dumas v. Gommerman

Court of Appeals for the Ninth Circuit

Decided January 13, 1989No. 87-6542PublishedCited by 13 opinions

1Opinion of the Court

FLETCHER, Circuit Judge:

Defendants appeal the grant of a preliminary injunction restraining them from reproducing and marketing works of art in which plaintiffs claim copyrights. This copyright infringement case requires us to construe for the first time in this circuit the work for hire provisions of the 1976 Copyright Act, 17 U.S.C. § 101 et seq.

I. FACTS

The parties dispute the ownership of copyrights in four works of art (the “ITT works” 1). The ITT works were produced in 1979 by Patrick Nagel, a graphic artist and commercial illustrator, on contract to the advertising agency of D’Arcy,…

2Cases cited21 opinions

  1. Middlesex County Sewerage Authority v. National Sea Clammers Assn.Supreme Court of the United States · 1981
  2. Public Affairs Associates, Inc. v. RickoverSupreme Court of the United States · 1962
  3. Stephanie Hays and Gail MacDonald v. Sony Corporation of AmericaCourt of Appeals for the Seventh Circuit · 1988
  4. Benda v. Grand Lodge of the International Ass'n of Machinists & Aerospace WorkersCourt of Appeals for the Ninth Circuit · 1978
  5. Brattleboro Publishing Co. v. Winmill Publishing Corp.Court of Appeals for the Second Circuit · 1966

16 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Schiller & Schmidt, Incorporated v. Nordisco CorporationCourt of Appeals for the Seventh Circuit · 1992
  2. Jones v. Royal Admin. Servs., Inc.Court of Appeals for the Ninth Circuit · 2017
  3. Hawai'i County Green Party v. ClintonDistrict Court, D. Hawaii · 1997
  4. Playboy Enterprises, Inc. v. DumasDistrict Court, S.D. New York · 1993
  5. Arachnid, Inc. v. Medalist Marketing Corporation, Medalist Manufacturing Corporation and Lee PeppardCourt of Appeals for the Federal Circuit · 1992

8 more not listed; retrieve them via the Exa API.

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