The First Circuit dealt with the question of whether an architect had granted an implied non-exclusive license, and if so, whether such non-exclusive implied license survived his death.
The architect had been a partner in a group that developed a property the development of which was planned according to his original plans. Then he died.
Could the partners use the plan? Yes, the circumstances implied a non-exclusive license. Do such licenses survive death? Yes.
1st Cir: Implied Non-Exclusive License In Architect's Plans After His Death
Thursday, May 20, 2010
1st Cir: Implied Non-Exclusive License Survives Death of Architect
Partner in law firm Dunnington Bartholow & Miller LLP in New York City litigating in federal and state courts and arbitrations. Experienced trial and appellate practitioner. Author: Copyright Litigation Handbook (Thomson Reuters 2019-2020). The New York Law Journal called it "an indispensable guide". Board of Directors of the Fordham Law Alumni Association, former General Counsel & Director Federal Bar Association, FBA Chair of the Circuit VPs, ViP for Second Circuit. Member Board of Governors, National Arts Club. President, Network of Bar Leaders (2013-2014).
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