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LSDefine
Simple English definitions for legal terms
Pushman doctrine
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A quick definition of Pushman doctrine:
The Pushman doctrine is an old rule that says if someone sells an unpublished work, like a book or painting, they also sell the rights to the work's copyright. This means that whoever buys the work can control how it's used and make money from it. However, this rule doesn't apply anymore because of a law passed in 1976. Now, if someone wants to sell their work and keep the copyright, they have to specifically say so.
A more thorough explanation:
The Pushman Doctrine is an old rule that says when an unpublished work is transferred, the common-law copyright to the work is also transferred. This means that the person who receives the work also gets the right to control how it is used and who can use it.
The name comes from a court case called Pushman v. New York Graphic Soc'y, Inc., which was decided in 1942. The doctrine was rejected by a law called the Copyright Act of 1976, but it still applies to transfers made before January 1, 1978.
For example, if an artist sells an unpublished painting, the person who buys it also gets the copyright to the painting. This means that the buyer can control how the painting is used, such as whether it can be reproduced or displayed in public.
However, it's important to note that this rule only applies to unpublished works. If a work has already been published, the copyright is usually owned by the publisher or author, and it can only be transferred through a specific agreement.