Selected Cases

Hogarth v. Edgar Rice Burroughs, Inc.

342 F.3d 149 (2d. Cir. 2003), cert denied, 72 U.S.L.W. 3465, 3589, 3598 (2004)

The U.S. Court of Appeals for the Second Circuit affirmed the trial decision in favor of Edgar Rice Burroughs, Inc., owner of all existing rights in the Tarzan character, that two Tarzan books published in 1972 and 1976 illustrated by artist Burne Hogarth were works for hire owned by Burroughs, notwithstanding erroneous registrations stating that Hogarth was the author of the works. Hogarth's estate also unsuccessfully claimed that Edgar Rice Burroughs had licensed the use of the Hogarth illustrations from the books to Disney for its 1999 animated movie "Tarzan."

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