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not tay ber own

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Edmund Burke


Concerning Mirage Editions, Inc. v. Albuquerque A.R.T. Co, 856 F.2d 1341 (9th Cir. 1988), cert. denied, 489 U.S. 1018 (1989).

Mirage has been disclaimed by most other circuits and by many legal scholars. From LEE v A.R.T. Company, 125 F.3d 580 (7th Cir. 1997) :

Nonetheless, the ninth circuit held, what A.R.T. does creates a derivative work because the epoxy resin bonds the art to the tile. Our district judge thought this a distinction without a difference, and we agree.

FN1. Scholarly disapproval of Mirage Editions has been widespread. Goldstein sec. 5.3 at 5:81-82; Nimmer & Nimmer sec. 3.03; Wendy J. Gordon, On Owning Information: Intellectual Property and the Restitutionary Impulse, 78 Va. L. Rev. 149, 255 n.401 (1992).

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