Rejection of the New Property Right Theory as Viewed through the Rear Window: Stewart v. Abend

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Authors

Wilson, Paula Lindsey

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1991

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24

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Journal Article

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INTRODUCTION|American copyright law espouses the goal of promoting the public good by encouraging creativity and productivity on the part of authors. This goal is accomplished through the statutory grant of rights to authors in their original work. An author may, and frequently will, assign some of his rights in his work, including the right to produce derivative works.|Because the resulting derivative work is also entitled to copyright protection, the rights of the author of the underlying work and those of the proprietor of the derivative work have often come into conflict, particularly in the areas of copyright renewal and termination of rights. This conflict is further complicated when the copyright in the underlying work has passed to someone other than the original author. A great deal of the litigation in this area has arisen in the context of the motion picture industry...

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24 Creighton L. Rev. 155 (1990-1991)

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Creighton University School of Law

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