MARVEL CHARACTERS, INC. v. SIMON

Docket No. 02-7221.

310 F.3d 280 (2002)

MARVEL CHARACTERS, INC., Plaintiff-Counter-Defendant-Appellee, v. Joseph H. SIMON, Defendant-Counter-Claimant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: November 7, 2002.


Attorney(s) appearing for the Case

Ethan Horwitz, Goodwin Procter LLP, New York, NY (Kandis M. Kahn, on the brief), Ross J. Charap, Moses & Singer LLP, New York, NY, on the brief, Darby & Darby PC, New York, NY, on the brief, for Defendant-Counter-Claimant-Appellant.

David Fleischer, Paul, Hastings, Janofsky & Walker LLP, New York, NY (Jodi A. Kleinick, on the brief), for Plaintiff-Counter-Defendant-Appellee.

Kay Murray, The Authors Guild, Inc., New York, NY, for Amici Curiae The Authors Guild, Inc.; The American Society of Journalists and Authors; The American Society of Media Photographers, Inc.; The Graphic Artists Guild; and The Society of Children's Book Writers and Illustrators.

Before: KEARSE and McLAUGHLIN, Circuit Judges, and HAIGHT, District Judge.


McLAUGHLIN, Circuit Judge.

This appeal requires us to examine the scope of the termination provision of the Copyright Act of 1976 (the "1976 Act"), 17 U.S.C. § 304(c). Section 304(c) grants authors (or if deceased, their statutory heirs) an inalienable right to terminate a grant in a copyright fifty-six years after the original grant "notwithstanding any agreement to the contrary." 17 U.S.C. § 304(c)(3),(5). The termination provision, however, has one salient...

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