Oral Copyright Transfer Did Not Effect Transfer … Documentation of Ostensible Consideration For Transfer Insufficient Writing … Memorandum Ostensibly Confirming Earlier Assignment Insufficient Writing
Monday, January 24th, 2011
Barefoot Architect, Inc. v. Bunge, (3rd Cir. Jan. 14, 2011)
Defendant’s dream of building a home in the Virgin Islands is the genesis of this dispute. Bunge retained an individual architect who, later and before the litigation, became employed by Plaintiff to create that dream house’s architectural plans. But there was the usual archetypal falling out after Bunge claimed to have paid the agreed value for the plans, but no plan set was delivered by Plaintiff; instead Plaintiff demanded further monies. Bunge hired another architectural firm to complete the plans. Architect’s new employer, Barefoot Architect, sued Bunge; and, Bunge challenged Barefoot being the proper owner of the copyright of the architectural plan in dispute.
The individual architect and his employer, Barefoot Architect, signed a document confirming that the oral assignment took place and pointed to cancelled checks as evidencing the consideration of that copyright transfer.
The Third Circuit affirmed the trial court’s granting of Bunge’s motions for summary judgement and dismissing Bunge’s counter claims. The court held that the idea of a memorandum validating an earlier copyright transfer depended on the original transferring event actually having transpired. The court went on to point out that the memorandum of transfer could not simultaneously serve both purposes of proving that an oral transfer occurred and giving legal effect to that otherwise unenforceable transfer. The court further held that the checks cited by Barefoot Architects carried little evidentiary weight. In sum, the court concluded that the record contained nothing to show that Barefoot Architect purchased the copyright at issue.































