Legal Opinion

Filmvideo Releasing Corp. v. Hastings

Court of Appeals for the Second Circuit

Decided December 11, 1981No. 1548, Docket 81-7236PublishedCited by 17 opinions

1Opinion of the Court

VAN GRAAFEILAND, Circuit Judge.

The principal question on this appeal is whether a licensed1, derivative, copyrighted work and the underlying copyrighted matter which it incorporates both fall into the public domain where the underlying copyright has been renewed but the derivative copyright has not. We agree with the Ninth Circuit, Russell v. Price, 612 F.2d 1123, 1126-29 (9th Cir. 1979), cert. denied, 446 U.S. 952, 100 S.Ct. 2919, 64 L.Ed.2d 809 (1980), that the answer is “No”.

This is an appeal from a judgment of the United States District Court for the Southern District of New York,…

2Cases cited18 opinions

  1. Rebecca Reyher and Ruth Gannett v. Children's Television Workshop and Tuesday Publications, Inc.Court of Appeals for the Second Circuit · 1976
  2. Terry Gilliam, Plaintiffs-Appellants-Appellees v. American Broadcasting Companies, Inc., Defendant-Appellee-AppellantCourt of Appeals for the Second Circuit · 1976
  3. American Code Co. v. BensingerCourt of Appeals for the Second Circuit · 1922
  4. Russell v. PriceCourt of Appeals for the Ninth Circuit · 1979
  5. G. Ricordi & Co. v. Paramount Pictures, Inc.Court of Appeals for the Second Circuit · 1951

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

3Cited by17 opinions

  1. Davis v. BligeCourt of Appeals for the Second Circuit · 2007
  2. Subafilms, Ltd. v. MGM-Pathe Communications Co.Court of Appeals for the Ninth Circuit · 1994
  3. Janus Films, Inc. v. MillerCourt of Appeals for the Second Circuit · 1986
  4. Barbara Horgan, as of the Estate of George Balanchine, Plaintiff v. MacMillan Inc., Ellen Switzer, Steven Caras, and CostasCourt of Appeals for the Second Circuit · 1986
  5. Janus Films, Inc. v. MillerCourt of Appeals for the Second Circuit · 1986

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

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