Walthal v. Rusk, 172 F.3d 481 (1999) p.840

SUBJECT

preemption

HOLDING

same facts as prior case, the 7th circuit here says that the 9th circuit was wrong. Based on the congressional record it is clear that the copyright owner can grant a license for a term less than 35 years and that would be enforceable. Since the parties did not specify t is terminable at will and not preempted.

NOTES

A student mentioned that he thinks the Supreme Court recently sided with the 7th Circuit here.

Created on: Thursday, November 18, 1999 at 19:56:08 (PST)