Andrien v. Southern Ocean COunty Chamber of Commerce, 927 F.2d 132 (1991) p.275

SUBJECT

Ownership - mapmaker v. printer

FACTS

Plaintiff made the maps and had them printed. Appeal was taken from judgment of the United States District Court for the District of New Jersey, Garrett E. Brown, Jr., J., entered in copyright infringement action.

PROCEDURE

ISSUE

Whether plaintiff was entitled to the copyright or was it the printer.

RULE

A printer does not get the copyright rights.

HOLDING

The Court of Appeals, Weis, Circuit Judge, held that real estate agent who assembled series of street maps and turned them over to printing firm for preparation of a composite qualified as "author" for copyright purposes. Reversed and remanded.

RATIONAL

Defendant's burden of rebutting presumption of copyright's validity created by duly issued certificate of registration varies with issues bearing on validity of copyright.

POLICY/NOTES

Should have printers and others to sign a contract that says "this job is a work for hire, and the copyright belongs to the original author."