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 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 2018-2019). 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). Attorney advertising disclaimer - prior results do not guarantee success. The statements and opinions voiced here are my own and not of my law firm.