Legal Definitions - Pushman doctrine

The Pushman doctrine was an older legal principle concerning copyright for creative works that had not yet been publicly released or published. Before modern copyright law, this doctrine held that if an artist or author sold a physical, unpublished creation—like an original painting or a handwritten manuscript—it was presumed that they also transferred their common-law copyright to that work, unless they explicitly stated otherwise. This meant the buyer of the physical object would also own the right to reproduce, display, or distribute the work, even if the creator didn't intend to give up those rights.

This doctrine was largely overturned by the Copyright Act of 1976, which clarified that selling a physical object does not automatically transfer its copyright. However, the Pushman doctrine can still apply to transfers of unpublished works that occurred before January 1, 1978.

Here are some examples illustrating the Pushman doctrine:

• Imagine a painter in 1970 sells an original, never-before-exhibited landscape painting to a private art collector. The bill of sale only specifies the physical artwork and its price, without any mention of copyright. Under the Pushman doctrine, because the painting was unpublished and no copyright was explicitly reserved by the artist, the collector would be presumed to have acquired not only the physical canvas but also the common-law copyright to the artwork. This would mean the collector could potentially make prints or reproductions of the painting without the artist's permission.

• In 1968, a budding author completes a unique, unpublished novella manuscript. Desperate for funds, they sell the sole physical copy of this manuscript to a literary enthusiast for a modest sum. The transaction is informal, with no written agreement beyond a simple receipt for the physical manuscript. According to the Pushman doctrine, because the novella was unpublished and the author did not explicitly reserve their copyright, the literary enthusiast would likely be considered the owner of the common-law copyright. This would grant the enthusiast the right to publish the novella or license it to others, rather than the original author.

• A musician in 1972 composes an original, unrecorded musical piece and sells the handwritten sheet music to a local music school director. The sale was solely for the physical score, and no discussion or agreement about copyright took place. Under the Pushman doctrine, since the musical work was unpublished and the musician did not explicitly reserve their rights, the music school director would be presumed to own the common-law copyright. This could potentially allow the school to arrange performances or create recordings of the piece without needing further permission or payment to the original composer.