First Circuit: Ownership of a Copyright in a Television Show Governed By Work For Hire Agreement Confirming Earlier Oral Agreement

In TMTV Corp. v. Mass Productions Inc., ---F.3d---, 2011 WL 2306514 (1st Cir. 2011), the First Circuit considered two competing Puerto Rican television shows 20 Pisos and El Condominio (more on Wikipedia here). As in so many of these stories, the initial brainstorming sessions were not set down in writing, later-produced scripts were the result of the amorphous brainstorming session, and in the end, all claimed copyright.

Here, one purported author supplied ideas at the brainstorming session. He lost because of copyright law's requirement of "fixation" - that is, that in order to have a copyright, the ideas must be written down.

Other authors wrote scripts based on the brainstorming session. Those authors, however, did not dispute that they'd agreed to write the scripts as works-for-hire. Later, the authors were paid and executed agreements stating that the scripts were works for hire.

For students of civil procedure and how it relates to the Copyright Act, the decision is instructive on the issues of settlements, damages, and pre- and post- judgment interest. The Hon. David H. Souter (Ret.) of the Supreme Court of the United States sat by designation.

Decision below.

TMTV Corp v Mass Productions (1st Cir. Puerto Rico June 13 2011)

 http://www.dunnington.com/rdowd_bio.html
 Purchase Copyright Litigation Handbook 2010 by Raymond J. Dowd from West here  

Free CLE: How Far Does The Constitution Reach? 5/23 FBA Program at SDNY

The Federal Bar Association and the Hispanic National Bar Associations present:  How Far Does the Constitution Reach?   The Insular Cases and the Territorial Clause of the U.S. Constitution (Puerto Rico and Overseas Territories 1898-Present)

Date: May 23, 2011
Time: 5:30 PM - 7:30 PM

Speaker:  Hon Gustavo Gelpi,  Federal District Judge, U.S. District Court, District of Puerto Rico

Location:  U.S. District Court for the Southern District of New York 500 Pearl Street, Ceremonial Courtroom (Reception Room 85).

Event Co-Chairs:  Diana Sen and Jay Safer

RSVP:  Tom Trivier at ttrivier@lockelord.com by May 20

Please join us!

 http://www.dunnington.com/rdowd_bio.html
 Purchase Copyright Litigation Handbook 2010 by Raymond J. Dowd from West here