Stewart v. Abend

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Stewart v. Abend

Supreme Court of the United States

Argued January 9, 1990
Decided April 24, 1990


Full case name:	Stewart et al. v. Abend, DBA Authors Research Co.

Citations:	495 U.S. 207; 495 U.S. 207; 110 S. Ct. 1750; 109 L. Ed. 2d 184; 1990 U.S. LEXIS 2184; 58 U.S.L.W. 4511; 14 U.S.P.Q.2D (BNA) 1614; Copy. L. Rep. (CCH) P26,557

Prior history:	Abend filed suit in District Court, S. Dis. of NY, settled; filed again, District Court, C. Dis. of CA, court granted Stewart's sum. judg. motion based on fair use and Rohauer v. Killiam Shows, Inc., 551 F.2d 484, denied other motions; both parties appealed, Ninth Circuit reversed, Abend v. MCA, Inc., 863 F.2d 1465, 1472 (1988); Supreme Court granted cert., 493 U.S. 807 (1989)

Subsequent history:	Remanded

Holding

The Court held that the copyright owner's right to permit the creation of a derivative work passes to the heirs of the author of the work, who are not bound by the original author's agreement to permit such use.

Court membership

Chief Justice: William Rehnquist
Associate Justices: William J. Brennan, Byron White, Thurgood Marshall, Harry Blackmun, John Paul Stevens, Sandra Day O'Connor, Antonin Scalia, Anthony Kennedy

Case opinions

Majority by: O'Connor
Joined by: Brennan, Marshall, Blackmun, Kennedy
Concurrence by: White
Dissent by: Stevens
Joined by: Rehnquist, Scalia

Laws applied

U.S. Const.

Stewart v. Abend, 495 U.S. 207 (1990)^[1], was an important United States Supreme Court decision which held that a copyright owner has the exclusive right to permit the creation and exploitation of derivative works, irrespective of potentially conflicting agreements by prior copyright holders.

1 Facts
2 Issue
3 Rule
4 Result
5 External link

[edit] Facts

Cornell Woolrich originally wrote the short story "It Had to Be Murder", selling the publication rights to Popular Publications, Inc., which published the story in its Dime Detective Magazine in 1942. Three years later, Woolrich sold the movie rights to the story to a production company, also agreeing by contract that he would renew those rights when the 28-year copyright in effect at that time expired. In 1953 those movie rights were bought by Patron Inc., a production company formed by actor Jimmy Stewart and director Alfred Hitchcock. The short story was then made into the acclaimed movie, Rear Window (1954), directed by Hitchcock and starring Stewart.

Woolrich died in 1968, before the expiration of his 28-year copyright, and control of those rights passed to his literary executor, Chase Manhattan Bank, who sold them to Abend. Abend refused to honor Woolrich's original agreement to renew the copyright and assign it to the owner of the movie rights, and instead sued Stewart when the movie was shown on television.

[edit] Issue

The question presented is whether the owner of the derivative work infringed the rights of the successor copyright owner by continued distribution and publication of a derivative work during the renewal term of the pre-existing work.

[edit] Rule

Control of the work snaps back to the author -- or author’s successors -- when renewal comes up. This protects the author (and heirs) from being deprived of the surprising value of the work.