> There are four essential elements to a charge of criminal copyright infringement. In order to sustain a conviction under section 506(a), the government must demonstrate: (1) that a valid copyright; (2) was infringed by the defendant; (3) willfully; and (4) for purposes of commercial advantage or private financial gain.
There ya go. Pretty cut and dry.
Disney argues that they acquired those companies' rights without acquiring their obligations, but, that's, uh... that's just not how it works. At all.
Yeah, it makes zero sense that Disney could buy something that wasn't for sale in the first place (the rights to the books without any contractual obligations attached, which Lucasfilm did not own and therefore could not sell.)
I guess Disney is saying there are two separate things: the works that were produced, and separately an annuity pegged to some % of sales that Alan was given in return for the works.
So they bought the work but didn’t take on the liability.
Sorta messed up.
In theory, I think that’d make Alan a creditor for whoever owns the remaining parts of the business Disney didn’t buy. There had to be a remaining but if it owns the liability! Not sure it has assets though. Corporations can go bankrupt.
I’d hope a court would frown on this (as the court of public opinion will)
You can’t sever the asset and the obligation in this case because royalties are contingent on licensing the author’s intellectual property. With no licensing agreement, there is no asset.
On the other hand, the only wrinkle that might make this interesting at all, is the fact that all the works in question are novelizations of others work, for which either Alan Dean Foster himself had to license or created at the request of the licensor. I don’t think that materially changes things but then I’m not paid like a Disney lawyer.
> There are four essential elements to a charge of criminal copyright infringement. In order to sustain a conviction under section 506(a), the government must demonstrate: (1) that a valid copyright; (2) was infringed by the defendant; (3) willfully; and (4) for purposes of commercial advantage or private financial gain.
There ya go. Pretty cut and dry.
Disney argues that they acquired those companies' rights without acquiring their obligations, but, that's, uh... that's just not how it works. At all.