Thursday, February 2, 2023

Who Owns Bob Woodward's Trump Interview Recordings?; Law360, February 1, 2023

 Hannah Albaraz, Law360 ; Who Owns Bob Woodward's Trump Interview Recordings?

""Best practice," Reid said, "is to get a release or transfer [of] rights at the outset. The complaint suggests this didn't happen."

Reid, who co-chairs UNC Chapel Hill's Center for Media Law and Policy, said the complaint doesn't paint a full picture of what exactly the parties agreed to before the interviews. She said she is interested to see how Woodward and his publishers respond to Trump's claim seeking declaratory relief regarding ownership of copyrights.

Trump's complaint cites no legal precedent, but it does reference the Compendium of U.S. Copyright Office Practices, which states that if an interviewer or an interviewee seeks to register a copyright for an interview, the individual must have the other person transfer over his or her ownership rights.

The complaint doesn't suggest that either Woodward or Trump did so.

It may be that the U.S. Copyright Office would consider both Trump and Woodward the owners of their respective parts of the interview, and if so, a court may find that Woodward owes Trump some portion of the proceeds from the audiobook.

However, there is at least one case dealing with the ownership of interviews in which a court has held that the interviewer is the copyright owner of an interview."

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