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FILMVIDEO RELEASING CORP. v. HASTINGS

No. 1548, Docket 81-7236.

668 F.2d 91 (1981)

FILMVIDEO RELEASING CORPORATION, Plaintiff-Appellant, v. David R. HASTINGS II, as Administrator with Will annexed of the Estate of Clarence E. Mulford, Defendant-Appellee. David R. Hastings II and Peter G. Hastings, Intervenors-Appellees.

United States Court of Appeals, Second Circuit.

Decided December 11, 1981.

Attorney(s) appearing for the Case

Jeffrey L. Squires, Washington, D.C., (Jaffe, Squires & Foote and Peter Jaszi, Washington, D.C., on the brief), for plaintiff-appellant.

Herbert P. Jacoby, New York City (Burns, Jackson, Summit, Rovins & Spitzer and Donald S. Engel, New York City, on the brief), for defendant-appellee and intervenors-appellees.

Before VAN GRAAFEILAND and KEARSE, Circuit Judges and MARKEY, Chief Judge.

VAN GRAAFEILAND, Circuit Judge.

The principal question on this appeal is whether a licensed1, derivative, copyrighted work and the underlying copyrighted matter which it incorporates both fall into the public domain where the underlying copyright has been renewed but the derivative copyright has not. We agree with the Ninth Circuit, Russell v. Price, 612 F.2d 1123, 1126-29 (9th Cir. 1979), cert...

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