COPYRIGHT LAWMID-TERM EXAM - Fall 2005
X (Xena) took yoga lessons as a way to combat stress. She
became completely
enamored with yoga and took multiple classes each week, and finally
she was
qualified to teach lessons for beginners. As a yoga teacher,
she concluded that
the existing books on yoga were of poor quality, so she decided to
put together
her own book. She edited and produced a reader and handbook on
yoga, entitled
Hatha Yoga Forever. Several chapters discussed the
history of yoga, various types
of yoga, yoga asanas (its physical exercises or poses, breathing and
meditation along
with lists of yoga supplies. (X) wrote some of the chapters herself
working with
Frieda Friend (F), an experienced author. Seven short articles
authored by Yale
Young (Y) were reproduced from other yoga magazines published by Magazine
Publisher (M). (Y) granted permission to (X) to include his articles
in Hatha Yoga
Forever. After completing the book, in 1961 and 1962 (X)
distributed photocopies
of the book her students, and she incorporated some of their suggestions
into the work.
(X) transferred the right to reproduce and distribute the work to Book
Publisher (B), and
Hatha Yoga Forever was published in 1963 with notice and was
registered for copyright;
it proved to be very popular initially, but was less so over time.
(B) did, however, renew
the copyright in 1991. At the time of (X)’s death in 1990, she
had almost completed a
second edition which her spouse (S) completed and self-published in
1995.
The second edition, Bride of Yoga Forever, contained updated
information along with
some additional features. From among the hundreds of yoga poses
that exist, (X)
chose 26 poses meant to be performed in a very warm room; descriptions
and
illustrations of these poses were arranged in a manner to produce ultimate
health
benefits, and they were meant to be performed in sequence. These
poses appeared
in a separate section of the book. The second edition was offered
both in print and
as an electronic book. (S) registered the copyright upon
publication. In 1996 (S)
filed a supplemental registration on the poses section (which is permitted
by the
Copyright Office. The second edition was even more
popular than the first.
(S) has encountered several problems in recent months dealing with the
second edition.
(M) and (Y) have objected to the inclusion of his articles in the second
edition and in the
e-book. (B) alleges that it owned the copyright in the first
edition and thus the second
edition was an unauthorized derivative work. (F) claims that
she was a co-author of the
first edition and therefore in substantial parts of the second edition.
Zebulon Zook (Z)
copied the second edition and sold bogus copies. Not surprisingly,
(S) sued for infringement.
(Z) defended on the basis that the renewal of copyright on the first
edition was invalid and
should never have been granted on either the second edition or the
poses.
Advise (S) on his various copyright problems with (B), (F), (M), (Y)
and (Z) including any
counterclaims that (S) might raise.
