Copyright Law

Revisiting Derivative Works in 'Schrock' Reversal

, New York Law Journal

Robert W. Clarida, a partner at Cowan, Liebowitz & Latman, and Robert J. Bernstein, a practitioner at The Law Office of Robert J. Bernstein, review a recent reversal from the Seventh Circuit where the court held that a photograph of a copyrighted work need not exhibit a higher level of originality in order to qualify for copyright protection and that the creator of such a derivative work need not obtain separate specific permission to register his or her copyright, over and above the permission required to create the derivative work. The decision represents a giant step away from the Circuit's own previous decision, which may result in greater uniformity among the circuits and greater fidelity to the text of the Copyright Act.

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