In re World Auxiliary Power Co.

Authors

• Adam Moore, Southern Methodist University, Dedman School of Law

Abstract

The filing of unregistered copyrights as security interests pursuant to either a state's UCC filing system or pursuant to the Federal Copyright Act is not the most glamorous of issues. However, it is a very practical issue for those involved in secured transaction deals and, when stepping back, offers a pressing look at some of the important limitations and inadequacies of the Federal Copyright Act. In re World Auxiliary Power Co. sets the stage for these issues. The Ninth Circuit, in this case, held that because the Federal Copyright Act did not provide for a scheme to record unregistered copyrights, a secured creditor will find priority only in a state's UCC filing system. Although the court's holding is ultimately sound, its reasoning is incomplete and inconclusive.

Recommended Citation

Adam Moore, In re World Auxiliary Power Co., 9 Computer L. Rev. & Tech. J. 515 (2005)