Circuit split · copyright law
Whether the statutory successor to a pre-existing work's renewal copyright can bar continued exploitation of a derivative work that was licensed during the original copyright term
1 federal appellate case on this question, each acknowledging the disagreement in its own words.
Ninth Circuit Court of Appeals · November 5, 1998
“This court’s ruling created a circuit split with the Second Circuit which had held that “statutory successors to the renewal copyright in a pre-existing work under § 24 could not ‘de-priv[e] the proprietor of the derivative copyright of a right .” — Acknowledges a circuit split
Empirical analysis of this case →
The other side of the split
Decisions the acknowledging court(s) named as the opposing or joined side, quoted in the acknowledging opinion's own words.
- On the other side · 9th Cir.Abend v. MCA, Inc.863 F.2d 1465
“Abend Batjae contends that we are bound to reach the opposite result because of language used in Stewart v.” — Batjac Productions Inc. v. Goodtimes Home Video Corp., acknowledging the split
- On the other side · 2d Cir.Rohauer v. Killiam Shows, Inc.551 F.2d 484
What the split turns on
- Anchor precedents:
- Stewart v. Abend495 U.S. 207
- Statutes:
- § 7 ·
- § 24
Cases are grouped by the legal question they announce a split on, classified from the court's own acknowledgment sentence. Verified acknowledgments only. Counter-side decisions are extracted from the acknowledging opinions' own text and linked only when the citation resolves in this corpus. See all circuit splits.