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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
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
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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