Legal Opinion

Martha Graham School & Dance Foundation, Inc. v. Martha Graham Center of Contemporary Dance, Inc.

Court of Appeals for the Second Circuit

Decided August 18, 2004No. Docket Nos. 02-9451(L), 03-7020(CON)PublishedCited by 4 opinions

1Opinion of the Court

JON 0. NEWMAN, Circuit Judge.

This appeal raises several copyright and contract issues relating primarily to dances choreographed by the late Martha Graham, widely regarded as the founder of modern dance. The primary issue is whether the work-for-hire doctrine applies to works created by the principal employee of a corporation that was, in the Appellants’ view, “created to serve the creative endeavors of an artistic genius.” Br. for Appellants at 20. This and other issues arise on an appeal by Ronald Protas and The Martha Graham School and Dance Foundation, Inc. (collectively “Plaintiffs” or…

2Cases cited30 opinions

  1. Community for Creative Non-Violence v. ReidSupreme Court of the United States · 1989
  2. Bleistein v. Donaldson Lithographing Co.Supreme Court of the United States · 1903
  3. Risley v. . Phenix Bank of City of New YorkNew York Court of Appeals · 1881
  4. Avtec Systems, Inc. v. PeifferCourt of Appeals for the Fourth Circuit · 1994
  5. Clifford Scott Aymes v. Jonathan Bonelli, Doing Business as Island Swimming Sales, Inc. And Island RecreationalCourt of Appeals for the Second Circuit · 1992

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3Cited by4 opinions

  1. United States v. Bernard B. WilliamsCourt of Appeals for the Second Circuit · 2005
  2. Graham School And Dance Foundation, Inc. v. Martha Graham Center Of Contemporary Dance, Inc.Court of Appeals for the Second Circuit · 2004
  3. Douglas Dunlap v. Texas GuaranteedCourt of Appeals for the Fourth Circuit · 2015
  4. Taco Bell Corporation, Plaintiff-Appellee/cross-Appellee v. Continental Casualty Company, Defendant-Third Party Plaintiff-Appellee/cross-Appellant v. Zurich American Insurance Company, Defendant-Third PartyCourt of Appeals for the Third Circuit · 2004

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