Doctrine of Indivisibility
Encyclopedia
The doctrine of indivisibility (or indivisibility doctrine) was a legal doctrine
in United States copyright law
, which held that a copyright
was a single, indivisible right that its owner could only assign
as a whole. The doctrine was founded upon the policy concern that a defendant
alleged to have infringed a single work might find himself facing claims from multiple plaintiff
s, all claiming copyright in that same work. Despite the indivisibility doctrine, a copyright holder could still effectively assign certain rights. The assignees of those rights were held to be "mere licensees."
The result of the doctrine could yield a harsh result for an exclusive licensee in a work. If a third party infringed
the work, the copyright holder had no motivation to file suit---the work was no longer marketable. So courts allowed exclusive licensees to compulsively join the copyright holder as a plaintiff in such suits. Non-exclusive licensees could not forcefully join copyright holders, on the theory that in those cases, the work was still marketable and the copyright holder therefore had an interest in protecting his rights.
In the case Goodis v. United Artists Television, Inc.
, 425 F.2d
397, the United States Court of Appeals for the Second Circuit
held that the doctrine of indivisibility could not operate to wholly deprive an author of his copyright when a "mere licensee" secured a copyright in a collective work but the author never secured a separate copyright on his own.
The doctrine of indivisibility was expressly eliminated in the Copyright Act of 1976
. Assignees of rights in a copyrighted work now have standing to directly file suit against infringers.
Legal doctrine
A legal doctrine is a framework, set of rules, procedural steps, or test, often established through precedent in the common law, through which judgments can be determined in a given legal case. A doctrine comes about when a judge makes a ruling where a process is outlined and applied, and allows...
in United States copyright law
United States copyright law
The copyright law of the United States governs the legally enforceable rights of creative and artistic works under the laws of the United States.Copyright law in the United States is part of federal law, and is authorized by the U.S. Constitution...
, which held that a copyright
Copyright
Copyright is a legal concept, enacted by most governments, giving the creator of an original work exclusive rights to it, usually for a limited time...
was a single, indivisible right that its owner could only assign
Assignment (law)
An assignment is a term used with similar meanings in the law of contracts and in the law of real estate. In both instances, it encompasses the transfer of rights held by one party—the assignor—to another party—the assignee...
as a whole. The doctrine was founded upon the policy concern that a defendant
Defendant
A defendant or defender is any party who is required to answer the complaint of a plaintiff or pursuer in a civil lawsuit before a court, or any party who has been formally charged or accused of violating a criminal statute...
alleged to have infringed a single work might find himself facing claims from multiple plaintiff
Plaintiff
A plaintiff , also known as a claimant or complainant, is the term used in some jurisdictions for the party who initiates a lawsuit before a court...
s, all claiming copyright in that same work. Despite the indivisibility doctrine, a copyright holder could still effectively assign certain rights. The assignees of those rights were held to be "mere licensees."
The result of the doctrine could yield a harsh result for an exclusive licensee in a work. If a third party infringed
Copyright infringement
Copyright infringement is the unauthorized or prohibited use of works under copyright, infringing the copyright holder's exclusive rights, such as the right to reproduce or perform the copyrighted work, or to make derivative works.- "Piracy" :...
the work, the copyright holder had no motivation to file suit---the work was no longer marketable. So courts allowed exclusive licensees to compulsively join the copyright holder as a plaintiff in such suits. Non-exclusive licensees could not forcefully join copyright holders, on the theory that in those cases, the work was still marketable and the copyright holder therefore had an interest in protecting his rights.
In the case Goodis v. United Artists Television, Inc.
Dark Passage
Dark Passage is a novel by David Goodis which was the basis for the 1947 film noir Dark Passage.-Plot:Vincent Parry, convicted of murdering his wife, escapes from prison and is taken in by Irene Jansen, an artist with an interest in his case...
, 425 F.2d
Federal Reporter
The Federal Reporter is a case law reporter in the United States that is published by West Publishing. It begins with cases decided in 1880. It was preceded by Federal Cases...
397, the United States Court of Appeals for the Second Circuit
United States Court of Appeals for the Second Circuit
The United States Court of Appeals for the Second Circuit is one of the thirteen United States Courts of Appeals...
held that the doctrine of indivisibility could not operate to wholly deprive an author of his copyright when a "mere licensee" secured a copyright in a collective work but the author never secured a separate copyright on his own.
The doctrine of indivisibility was expressly eliminated in the Copyright Act of 1976
Copyright Act of 1976
The Copyright Act of 1976 is a United States copyright law and remains the primary basis of copyright law in the United States, as amended by several later enacted copyright provisions...
. Assignees of rights in a copyrighted work now have standing to directly file suit against infringers.