THOMSON v. LARSON

Docket No. 97-9085.

147 F.3d 195 (1998)

Lynn M. THOMSON, Plaintiff-Appellant, v. Allan S. LARSON, Nanette Larson, and Julie Larson McCollum, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided June 19, 1998.


Attorney(s) appearing for the Case

Russell Alexander Smith, Law Offices of Russell Alexander Smith, P.C., New York City, for Plaintiff-Appellant.

L. Peter Parcher, Parcher, Hayes & Liebman, New York City (Orin S. Snyder, Amy R. Gutman, of counsel), for Defendants-Appellees.

Nancy E. Wolff, Cavallo & Wolff, New York City (Jordan Rossen, Peggy Marks, of counsel), for Amici Curiae, The National Writers Union and Literary Managers and Dramaturgs of the Americas, Inc., in support of Plaintiff-Appellant.

Laurence T. Sorkin, Kevin J. Burke, Cahill Gordon & Reindel, New York City (Richard Garmise, Christopher C. Wilson, Ralph Sevush, The Dramatists Guild, Inc., New York City, of counsel), for Amicus Curiae, The Dramatists Guild, Inc., in support of Defendants-Appellees.

Before FEINBERG, CALABRESI, and BRIGHT, Circuit Judges.


CALABRESI, Circuit Judge:

Plaintiff-appellant Lynn Thomson claims that, along with principal playwright Jonathan Larson,1 she co-authored a "new version" of the critically acclaimed Broadway musical Rent. Since Thomson and Larson did not specify their respective rights by contract, this case raises two issues: (1) whether Rent qualifies as a statutory "joint work," co-authored by Thomson; and (2) whether, even if Thomson...

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