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
Labels: architectural plans, architecture, architecture law, copyright infringement, copyright law, end user license agreements, implied copyright license, ip, Law, license agreements
Partner in Manhattan 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 2015-2016). The New York Law Journal called it "an indispensable guide". Serve on the Board of Directors of the Federal Bar Association, served as Chair of the Circuit Vice Presidents, Vice President for the Second Circuit and General Counsel. Member Board of Governors, National Arts Club. President, Network of Bar Leaders (2013-2014). Attorney advertising disclaimer - prior results do not guarantee success. The statements and opinions voiced here are my own and not of my law firm.