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30 J. Copyright Soc'y U.S.A. 209 (1982-1983)
Derivative Rights and Derivative Works in Copyright

handle is hein.journals/jocoso30 and id is 223 raw text is: Goldstein. Derivative Rights and Derivative Works 209 PART I ARTICLES PART I 442. DERIVATIVE RIGHTS AND DERIVATIVE WORKS IN COPYRIGHT* By PAUL GOLDSTEIN* There has been a quiet revolution in copyright law and the copyright industries. Copyright, which once protected only against the production of substantially similar copies in the same medium as the copyrighted work, today protects against uses and media that often lie far afield from the original. Copyright's subject matter has grown, too, making many of these uses and media themselves copyrightable. Both developments reflect the growth of new copyright industries. Hardcover book sales, which once represented the principal measure of a novel's popular suc- cess, are today dwarfed by the income from motion pictures, television series, sequels and merchandise derived from the novel. One current, popular motion picture, selling about $3,000,000 in tickets a day, will reportedly earn even more from sales of dolls, sheets, posters, books and a full range of character merchandise.' The 1976 Copyright Act,2 like the 1909 Act which preceded it,, consolidates and advances these expansionary trends in protected rights Copyright @ 1982 by Paul Goldstein *1 wrote this article during a semester as Scholar in Residence at the Max Planck Institute for Foreign and International Patent, Copyright, and Compe- tition Law in Munich, Federal Republic of Germany. I am indebted to the Institute and its staff for their generous support. I am also very grateful to Douglas Baird, Ralph Brown, Norman Garey, Benjamin Kaplan, John Kernochan, Alan Latman and Mitchell Polinsky for their many helpful comments on an earlier draft of this article. This article is dedicated to the memory of Norman Garey who, in our tragically short acquaintance, taught me so much about copyright law and the copyright industries. **Mr. Goldstein is Professor of Law at Stanford University. He received his A.B. in 1964 from Brandeis University, and his LL. B. in 1967 from Columbia University. MCA, Inc. Expects 'E.T.' Merchandise to Outsell the Movie, Wall Street Journal, p. 7, July 19, 1982. 2 17 U.S.C. §§ 101 el. seq. ' Act of March 4, 1909, 60th Cong., 2d Sess. 00 10-8642/83/01/209-44$2.00/0

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