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All Jurisprudence based

0 tracked cards Commercial and Taxation Laws

Lumina Films hires Theo Santos as a full-time composer to score a feature film. The employment contract contains no express clause labeling the work as a 'work made for hire' and there is no separate written assignment of rights. Theo uses Lumina’s studio and equipment, and the score is created during his employment and used nationwide in the film. Six months after delivery, Theo resigns and offers a very similar score to a rival studio. In light of Secs. 172.2, 175, and 181, which statement is most accurate?

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Lumina's remedies under Section 181 include damages, injunctions, and impounding or destruction of infringing copies. Lumina owns the score but exclusive ownership of derivative works would still require a separate written assignment under Section 175; without it Lumina would not secure exclusive rights to derivative works. Lumina would own only the film rights, while Theo retains rights to perform or adapt the score elsewhere; Section 172.2 does not apply because the work was not specially ordered. Lumina Films owns the copyright in the score by operation of Section 172.2 as a work made for hire; no separate written assignment under Section 175 is required for exclusive ownership; if Theo reproduces or distributes the score to a rival, Lumina may seek remedies under Section 181 for infringement.

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