DOMA's Ghost and Copyright Reversionary Interests
Brad A. Greenberg
Columbia University - Law School
August 22, 2013
Northwestern University Law Review Colloquy, Vol. 108, p. 102, 2013
Copyright law typically is not thought of as intertwined with family law. But a major theoretical underpinning of copyright’s incentive system is that an author is motivated not only by the financial reward she hopes to reap during her life but also whatever her family might reap long after her death. And the Supreme Court’s highly anticipated decision in United States v. Windsor complicates this family-incentive theory. Specifically, Windsor undermines Congress’s belief that an author would want her widow to inherit her rights and creates a situation in which federal law and state law too often will recognize different heirs.
This Essay analyzes Windsor’s overlooked copyright implications and argues that Congress should amend the Copyright Act to rely on the law of the state in which the marriage was celebrated. Doing so would add some consistency to copyright law’s family-incentive theory. It also would remove inefficient grants of copyright ownership that fail to motivate authorship because the disposition is contrary to the author’s desires.
Number of Pages in PDF File: 8
Keywords: Copyright, Termination, DOMA, Marriage, Wills, Estate, Choice of Law, ConflictsAccepted Paper Series
Date posted: August 24, 2013 ; Last revised: October 5, 2013
© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.
This page was processed by apollo4 in 1.047 seconds