Page:Garcia v. Google (9th Cir. 2015).pdf/41

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Garcia v. Google

41

works. Id. at 487. Publishers warned that "'devastating' consequences," including massive damages awards, would result if the Court were to hold for the freelancers. Id. at 504. The Court nonetheless held for the freelancers, turning back the parade of horribles deployed by the publishers. The Court explained that there are "numerous models for distributing copyrighted works and remunerating authors for their distribution." Id. at 504–05. Tasini is a powerful reminder that movie producers, publishers and distributors will always claim that the sky is falling in cases that might recognize an individual contributor's copyright interest in material he created.^[1] They will always say, as Google says here, that holding in the contributor's favor will make "Swiss cheese" of copyrights. Maj. Op. 20.

But under our copyright law, the creators of original, copyrightable material automatically acquire a copyright interest in the material as soon as it is fixed. There's no exception for material created during production of a film or other composite work. When modern works, such as films or plays, are produced, contributors will often create separate, copyrightable works as part of the process. Our copyright law says that the copyright interests in this material vest

↑ Ditto in Community for Creative Non-Violence v. Reid, 490 U.S. 730 (1989), which concerned the scope of a "work made for hire." Id. at 738. Amici representing, among others, publishers and technology companies advocated for a broad definition of "employee." They predicted "ever-increasing interference with the dissemination of creative works" if the Court didn't adopt their definition of "employee." Brief of the Computer & Business Equipment Manufacturers' Ass'n et al. in Support of Petitioners at 4–5, Cmty. for Creative Non-Violence v. Reid, 490 U.S. 730 (1989) (No. 88-293). But the Court adopted the narrower definition of "employee" used in agency law. Reid, 490 U.S. at 750–51. It appears that creative works have been disseminating just fine in spite of Reid.

[1] Ditto in Community for Creative Non-Violence v. Reid, 490 U.S. 730 (1989), which concerned the scope of a "work made for hire." Id. at 738. Amici representing, among others, publishers and technology companies advocated for a broad definition of "employee." They predicted "ever-increasing interference with the dissemination of creative works" if the Court didn't adopt their definition of "employee." Brief of the Computer & Business Equipment Manufacturers' Ass'n et al. in Support of Petitioners at 4–5, Cmty. for Creative Non-Violence v. Reid, 490 U.S. 730 (1989) (No. 88-293). But the Court adopted the narrower definition of "employee" used in agency law. Reid, 490 U.S. at 750–51. It appears that creative works have been disseminating just fine in spite of Reid.

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