Second Circuit Says No Retroactive Copyright Licensing


The Second Circuit Court of Appeals ruled last month that all retroactive copyright transfers and licenses are invalid. In Davis v. Blige,—F.3d—, 2007 WL 2893003, 84 U.S.P.Q.2d 1353 (2d Cir. 2007), the court found that “retroactive transfers violate the basic principles of tort and contract law, and undermine the policies embodied by the Copyright Act.” Although the decision appears sound

under the facts of the case, its broad conclusions could have far-reaching effects in the world of copyright licensing.

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