When Roberto Hevia-Acosta (RHA) passed away his estate and his long-time business partner engaged in a legal dispute regarding the copyrights in his architectural designs. RHA and his partner had worked together to design and develop various real estate ventures including one which RHA had designed two years before his death. The subject designs were created for the specific purpose of the project in question even though full rights to them had not been expressly conveyed to the business partner or subject project. Given the detailed facts supporting RHA’s intent to convey a license in his works, the District Court in Puerto Rico found the existence of an unrevoked implied license and the First Circuit affirmed.
Strangely, the prevailing defendant sought attorneys fees under the District Court’s inherent power but not under the Copyright Act, which is much more favorable. The District Court declined to award fees, which the First Circuit also affirmed.
http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=09-1096P.01A
Estate of Roberto Hevia, et. al. v. Portrio Corp., et. al., 09-1096, 09-1097 (1st Cir. Apr. 20, 2010)
Comments