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GRACEN v. BRADFORD EXCHANGE

No. 82-1795.

698 F.2d 300 (1983)

Jorie GRACEN, Plaintiff, Counterdefendant-Appellant, v. The BRADFORD EXCHANGE and Metro-Goldwyn-Mayer, Defendants, Counterplaintiffs-Appellees, and Edwin M. Knowles China Company and James Auckland, Defendants.

United States Court of Appeals, Seventh Circuit.

Decided January 12, 1983.

Attorney(s) appearing for the Case

Charles Rowe, Chicago, Ill., for plaintiff, counterdefendant-appellant.

Robert W. Gettleman, Arthur Don, D'Ancona & Pflaum, Chicago, Ill., for defendants, counterplaintiffs-appellees.

Before BAUER and POSNER, Circuit Judges, and HOFFMAN, Senior District Judge.

POSNER, Circuit Judge.

This appeal brings up to us questions of some novelty, at least in this circuit, regarding implied copyright licenses and the required originality for copyrighting a derivative work.

In 1939 MGM produced and copyrighted the movie "The Wizard of Oz." The central character in the movie, Dorothy, was played by Judy Garland. The copyright was renewed by MGM in 1966 and is conceded, at least for purposes of this case, to be valid and in effect...

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