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EASTER SEAL SOC. v. PLAYBOY ENTERPRISES

No. 85-3741.

815 F.2d 323 (1987)

EASTER SEAL SOCIETY FOR CRIPPLED CHILDREN AND ADULTS OF LOUISIANA, INC. Plaintiff-Appellant v. PLAYBOY ENTERPRISES, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied June 1, 1987.

Attorney(s) appearing for the Case

Bradley M. Smolkin, James J. Popham, Fawer, Brian, Hardy & Zatzkis, New Orleans, La., for plaintiff-appellant.

Skye McLeod, Charles F. Thensted, Barham & Churchill, New Orleans for Greater New Orleans Educational Television (WYES-TV).

Liane C. King, A.R. Christovich, Jr., Christovich & Kearney, New Orleans, La., for Playboy Enterprises, Inc., et al.

Before GEE, POLITZ, and WILLIAMS, Circuit Judges.

Rehearing and Rehearing En Banc Denied June 1, 1987.

GEE, Circuit Judge:

This case presents a new issue for our Court: What effect, if any, did the Copyright Act of 1976 have on the "work for hire" doctrine developed under the 1909 Act? We hold that 1976 Act has greatly restricted the scope of the "work for hire" doctrine, and we affirm the decision of the district court.

A. Facts and Prior Proceedings

Entertainer Ronnie Kole, acting...

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