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The Quest for a Sound Conception of Copyright’s Derivative Work Right
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Professor Pamela Samuelson will discuss legislative history, statutory provisions, policies and doctrines of copyright law in support of her conclusion that the derivative work should be infringed under the last clause of the definition only if the plaintiff’s claim involves one of the exemplary derivatives or close analogues. She will also discuss a handful of derivative use cases that have given overbroad interpretations to the derivative work right and explain why these decisions are unsound

3/12/2013
When: 03/12/2013
From 12:00 Noon - 1:30 pm
Where: Covington & Burling LLP
One Front Street
Farallon Conference Room, Floor 33
San Francisco, California  94111
United States
Contact: Jessica Rhodes

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The Quest for a Sound Conception of Copyright’s Derivative Work Right

By Professor Pamela Samuelson 

Tuesday, March 12, 2013 at 12:00 Noon.

The Copyright Act of 1976 confers on authors an exclusive right to prepare derivative works. It defines this term as "a work based upon one or more preexisting works,” giving nine examples to illustrate the concept and ending with "or any other form in which a work may be recast, transformed, or adapted.” This right has been highly problematic in some cases construing the last clause.

Professor Samuelson will discuss legislative history, statutory provisions, policies and doctrines of copyright law in support of her conclusion that the derivative work should be infringed under the last clause of the definition only if the plaintiff’s claim involves one of the exemplary derivatives or close analogues. She will also discuss a handful of derivative use cases that have given overbroad interpretations to the derivative work right and explain why these decisions are unsound.

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