Stewart v. Abend
Encyclopedia
Stewart v. Abend, 495 U.S. 207
(1990), 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 work
s, regardless of potentially conflicting agreements by prior copyright holders.
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 (February 1942 issue). 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 then in force expired. In 1953 those movie rights were bought for $10,000 by Patron Inc., a production company formed by actor James 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 the literary rights passed to his executor, Chase Manhattan Bank
. Chase sold the movie rights for $650 to literary agent Sheldon 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.
Case citation
Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...
(1990), was an important United States Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
decision which held that a copyright
Copyright
Copyright is a legal concept, enacted by most governments, giving the creator of an original work exclusive rights to it, usually for a limited time...
owner has the exclusive right to permit the creation and exploitation of derivative work
Derivative work
In United States copyright law, a derivative work is an expressive creation that includes major, copyright-protected elements of an original, previously created first work .-Definition:...
s, regardless of potentially conflicting agreements by prior copyright holders.
Facts
Cornell WoolrichCornell Woolrich
Cornell George Hopley-Woolrich was an American novelist and short story writer who sometimes wrote under the pseudonyms William Irish and George Hopley....
originally wrote the short story "It Had to Be Murder", selling the publication rights to Popular Publications, Inc.
Popular Publications
Popular Publications was one of the largest publishers of pulp magazines during its existence, at one point publishing 42 different titles per month. Company titles included detective, adventure, romance, and Western fiction. They were also known for the several 'weird menace' titles...
, which published the story in its Dime Detective Magazine (February 1942 issue). Three years later, Woolrich sold the movie rights to the story to a production company
Production company
A production company provides the physical basis for works in the realms of the performing arts, new media art, film, television, radio, and video.- Tasks and functions :...
, also agreeing by contract that he would renew those rights when the 28-year copyright then in force expired. In 1953 those movie rights were bought for $10,000 by Patron Inc., a production company formed by actor James Stewart
James Stewart (actor)
James Maitland Stewart was an American film and stage actor, known for his distinctive voice and his everyman persona. Over the course of his career, he starred in many films widely considered classics and was nominated for five Academy Awards, winning one in competition and receiving one Lifetime...
and director Alfred Hitchcock
Alfred Hitchcock
Sir Alfred Joseph Hitchcock, KBE was a British film director and producer. He pioneered many techniques in the suspense and psychological thriller genres. After a successful career in British cinema in both silent films and early talkies, Hitchcock moved to Hollywood...
. The short story was then made into the acclaimed movie Rear Window
Rear Window
Rear Window is a 1954 American suspense film directed by Alfred Hitchcock, written by John Michael Hayes and based on Cornell Woolrich's 1942 short story "It Had to Be Murder"...
(1954
1954 in film
The year 1954 in film involved some significant events and memorable ones.-Events:*May 12 - The Marx Brothers' Zeppo Marx divorces wife Marion Benda...
), directed by Hitchcock and starring Stewart.
Woolrich died in 1968, before the expiration of his 28-year copyright, and control of the literary rights passed to his executor, Chase Manhattan Bank
Chase Manhattan Bank
JPMorgan Chase Bank, N.A., doing business as Chase, is a national bank that constitutes the consumer and commercial banking subsidiary of financial services firm JPMorgan Chase. The bank was known as Chase Manhattan Bank until it merged with J.P. Morgan & Co. in 2000...
. Chase sold the movie rights for $650 to literary agent Sheldon 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.
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.Rule
Control of the work reverts back to the author—or author’s successors—when renewal comes up. This protects the author (and the heirs) from being deprived of the surprising value of the work.Result
The assignment was an unfulfilled contingency that died with the author; the successor can prevent continued use of the derivative work.See also
- List of United States Supreme Court cases, volume 495
- List of United States Supreme Court cases
- Lists of United States Supreme Court cases by volume
- List of United States Supreme Court cases by the Rehnquist Court