Buday v. New York Yankees Partnership, 2012 WL 2383308 (2d Circuit June
26, 2012)(unpublished). Daughter of man
who designed NY Yankees logo in 1930’s and revised it in 1947 claimed copyright
infringement and non-payment. The court
held that she failed to establish federal question jurisdiction and thus the
court lacked subject matter jurisdiction.
Even if jurisdiction existed, the complaint failed to state a claim
because, according to complaint, Yankees logo was published with the consent of
the author, not “unpublished” as conclusory allegation asserted. Because 1976 Copyright Act preempted common
law in unpublished works, the only possible copyright could be under federal
law. Since the complaint’s facts alleged
what the court found to be the only plausible interpretation was a work for
hire relationship and proffered no evidence to contradict the work-for-hire
relationship, the daughter had no standing.
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