Stewart v. Abend

In Stewart v. Abend, 495 U.S. 207, 110 S.Ct. 1750, 109 L.Ed.2d 184 (1990), the Supreme Court did not discuss 7 as grounds for its holding, but rather to rebut an argument advanced in the dissent. In relevant part, the Supreme Court stated: The language change to 7 was suggested only to ensure that the publication of a "new compiled work" without proper notice, including smaller portions that had not been previously published and separately copyrighted, would not result in those sections moving into the public domain. See Note, 44 Brook. L.Rev. at 919-920. (Abend, 495 U.S. at 233, 110 S.Ct. 1750.) The issue that the Supreme Court addressed was whether continued publication of a derivative work--the motion picture "Rear Window "--infringed on the copyright of a pre-existing copyrighted work when the right to use the pre-existing work lapsed during the renewal period due to the death of the author of the pre-existing work. 495 U.S. at 213, 110 S.Ct. 1750. Despite an agreement by the author to transfer renewal rights to the moviemakers--Alfred Hitchcock and Jimmy Stewart--the executors renewed the copyright to the picture but refused to transfer the rights. Id. at 212, 110 S.Ct. 1750.