Pushman doctrine

Archaic. The rule that transfer of an unpublished work transfers the common-law copyright to the work along with the work itself.

• The name derives from Pushman v. New York Graphic Soc’y, Inc., 39 N.E.2d 249 (N.Y. 1942). The doctrine was rejected by § 202 of the Copyright Act of 1976, but it remains in effect for transfers completed before the provision’s effective date of January 1, 1978.


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