The Pushman Doctrine: A Historical Overview of Copyright Transfer

Q: Is the Pushman Doctrine still in effect?

No, it was repealed for transfers after January 1, 1978, but may still apply to earlier transfers.

Q: How can I determine if my work is affected by the Pushman Doctrine?

Check the publication date and any transfer agreements related to the work.

Definition & Meaning

The Pushman Doctrine was a principle in copyright law that stated when an unpublished work was transferred, the common-law copyright of that work also transferred automatically with it. This principle was established in the case Pushman v. New York Graphic Soc., 287 N.Y. 302 (N.Y. 1942), which held that copyright ownership is inherent to the ownership of the work itself. However, this doctrine was effectively nullified by Section 202 of the Copyright Act of 1976, though it still applies to transfers made before January 1, 1978.

Table of content

Legal Use & context

The Pushman Doctrine was relevant in the context of copyright law, particularly concerning the transfer of unpublished works. While it is no longer in force, understanding this doctrine can be important for those dealing with copyright issues related to works created before 1978. Individuals may encounter this doctrine in various legal scenarios, such as:

Copyright disputes
Estate planning involving unpublished works
Art transactions and sales

Users can manage some copyright-related issues themselves using legal templates from US Legal Forms, especially for straightforward transfers or agreements.

Key legal elements

Real-world examples

Here are a couple of examples of abatement:

Here are a couple of examples illustrating the Pushman Doctrine:

Example 1: An artist transfers an unpublished manuscript to a publisher in 1975. Under the Pushman Doctrine, the copyright automatically transfers to the publisher.
Example 2: A collector inherits an unpublished painting from a relative who died in 1976. The copyright for that painting also transfers to the collector based on the doctrine.

Relevant laws & statutes

The main legal reference for the Pushman Doctrine is:

Section 202 of the Copyright Act of 1976, which abolished the doctrine for transfers occurring after its effective date.
Pushman v. New York Graphic Soc., 287 N.Y. 302 (N.Y. 1942), which established the principle.

Comparison with related terms

Term	Definition	Key Difference
Copyright	Legal right granting the creator exclusive control over their work.	Copyright is broader and applies to published and unpublished works.
Transfer of Copyright	The act of assigning copyright ownership from one party to another.	Transfer can occur without the Pushman Doctrine if it is a published work after 1978.

Common misunderstandings

What to do if this term applies to you

If you believe the Pushman Doctrine may affect your copyright situation, consider the following steps:

Review any contracts or agreements related to the unpublished work.
Consult with a legal professional if you have questions about copyright ownership.
Explore US Legal Forms for templates that can help you draft copyright assignments or agreements.

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Quick facts

Attribute	Details
Applicable Works	Unpublished works
Effective Date of Repeal	January 1, 1978
Key Case	Pushman v. New York Graphic Soc.

Key takeaways

Frequently asked questions

What is the Pushman Doctrine?

It was a principle stating that the copyright of unpublished works transferred automatically with the work itself.