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SILVERS v. SONY PICTURES ENTERTAINMENT, INC.

No. 01-56069.

402 F.3d 881 (2005)

Nancey SILVERS, Plaintiff-Appellee, v. SONY PICTURES ENTERTAINMENT, INC., Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed March 25, 2005.

Attorney(s) appearing for the Case

Ronald S. Rauchberg, Proskauer Rose LLP, New York, New York, and George P. Schiavelli, Reed Smith Crosby Heafey LLP, Los Angeles, California, Benjamin G. Shatz, Manatt, Phelps & Phillips, LLP, Los Angeles, California, for the defendant-appellant.

Steven Glaser, Gelfand Rappaport & Glaser, LLP, Los Angeles, California, for the plaintiff-appellee.

Robert H. Rotstein, McDermott, Will & Emery, Los Angeles, California, for the amicus curiae.

Before: SCHROEDER, Chief Judge, and REINHARDT, RYMER, KLEINFELD, GRABER, WARDLAW, FISHER, GOULD, PAEZ, BERZON, and BEA, Circuit Judges.

Argued and Submitted En Banc October 12, 2004.

GRABER, Circuit Judge.

May an assignee who holds an accrued claim for copyright infringement, but who has no legal or beneficial interest in the copyright itself, institute an action for infringement? After analyzing the 1976 Copyright Act and its history, as well as the scant, although persuasive, precedent that is available in analogous situations, we answer that question...

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