LaFrance on a Screen Actor's Claim to Copyright in her Performance: Garcia v. Google, Inc., 2014 U.S. App. LEXIS 3694 (9th Cir. Feb. 26, 2014) (PDF)

Who is the author of an actor's recorded performance? This question rarely arises in practice, because motion picture producers insist that all creative participants sign work-made-for-hire agreements. When this detail is overlooked, however, all bets are off, and attempts to assert authorship rights can land the participants in court.
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Who is the author of an actor's recorded performance? This question rarely arises in practice, because motion picture producers insist that all creative participants sign work-made-for-hire agreements. When this detail is overlooked, however, all bets are off, and attempts to assert authorship rights can land the participants in court. As Garcia v. Google illustrates, the law remains surprisingly unsettled on the authorship rights of performers.

 

Mary LaFrance is the IGT Professor of Intellectual Property Law at the William S. Boyd School of Law, University of Nevada, Las Vegas. Prior to joining the Boyd School of Law, Professor LaFrance served on the faculty of the Florida State University College of Law and the Florida State University School of Motion Pictures, Television, and Recording Arts. She is the author of numerous books and law review articles on domestic and international intellectual property law, as well as the taxation of intellectual property. Her books include Intellectual Property Cases and Materials (West 4th ed. 2012) (with David Lange, Gary Myers, and Lee Ann Lockridge), Understanding Trademark Law (Matthew Bender 2d ed. 2009), Copyright Law in a Nutshell (West 2008), Global Issues in Copyright Law (West 2009), and Understanding Intellectual Property Law (Mathew Bender 2011) (with Donald Chisum, Tyler Ochoa, and Shubha Ghosh).

 

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