Copyright registration hypos
1. Mr. Hassanalizadeh quitclaims his interest in the
musical work and sound recording "Brand New
Show" to Ms. Elliot. Is the conveyance valid if it
was made:
a. Orally?
b. In writing?
c. In writing and nothing is recorded in the
Copyright Office?
2. After conveying his interest in writing to Elliot,
Hassanalizadeh subsequently conveys a nonexclusive license in the musical work and sound
recording to Ms. Smith “with the earnest hope that
she can make it a hit on American Idol.”
a. Conveyance was not in writing - Valid?
b. Smith recruits Mr. Rosario to sing it as a
contestant on American Idol and gives him a
non-exclusive license for that purpose. Valid?
3. Elliot conveys her entire interest to Ms.
Olorunbunmi in a written and signed instrument.
a. Olorunbunmi sees and hears Rosario singing the
song on American Idol.
b. She sues him for copyright infringement. What is
her best theory? Likely outcome?
c. Olorunbunmi sues in state court. What result?
d. Olorunbunmi sues in federal court. What result?
4. First, Hassanalizadeh first conveyed to Elliot in
writing. Second, he conveyed a non-exclusive
license to Smith in writing. Third, Elliot records the
transfer. Smith had no knowledge of the transfer
to Elliot.
a. Elliot sues Smith. What result?
5. Suppose Hassanalizadeh first conveys to Elliot,
and then to Smith two weeks later. One week after
that, Elliot records, and then Smith records. Who
owns the © to the song?
6. Suppose Hassanalizadeh first conveys to Hoffee,
and then sells his rights to Weber two weeks later.
Hoffee records three months after the conveyance.
Weber, who took the second conveyance knowing
that Hassanalizadeh had first conveyed to Hoffee,
records his written instrument immediately after it
is executed. Who prevails?
7. Hassanalizadeh gifts the rights to “Brand New
Show” to Elliot. Two weeks later, she observes
Rosario performing the song on American Idol.
She files for an infringement lawsuit, and two days
later realizes that she hadn’t registered the transfer.
She quickly sends in the paperwork to have BNS
registered, and receives a certificate of recordation
prior to trying the suit on its merits.
a. Assume Hassanalizadeh had not registered the
copyright previously.
b. What result if Hassanalizadeh HAD registered
the © prior to the transfer?