Fantasy Inc. v. Fogerty, 654 F. Supp. 1129 (1987) p.337

SUBJECT

copyright infringment

FACTS

Fogerty wrote a song. Granted license and conveys it. Then wrote another song and conveyed it. Owner of first song sued Fogerty since he made the new song in violation of derivitive work. Legal owner of copyright to song brought action against beneficial owner and licensees for copyright infringement.

PROCEDURE

The District Court, Conti, J., held that beneficial owner could infringe upon legal owner's exclusive rights, and legal owner could bring infringement action against beneficial owner and his licensees. So ordered.

ISSUE

Difference between a legal owner and a beneficial owner.

RULE

HOLDING

Fogerty was the beneficial owner; therefore he cannot infringe himself on the work, because that is infringment on the legal owner. Therefore, Fogarty was infringing on derivitive work of person that owned legal title.

RATIONAL

POLICY/NOTES

When drafting licenses need to make sure that the author's (especially with fiction writers) contracts contain right for author to make authorized derivitive work from the material that they are licensing. If you don't have this type of clause, it will be difficult negotiating for a producer.