Hinckley Allen Successfully Defends Atkins & Linkletter Heirs in The Game of Life Dispute
Hinckley Allen won a significant victory in the First Circuit Court of Appeals involving the copyright authorship of the iconic Game of Life. The win comes after years of litigation involving the copyright grant for the Game of Life and whether it is eligible for termination under the Copyright Act.
In its decision, the appeals court adopted the arguments Hinckley Allen made to the district court concerning the proper test to employ when assessing whether a work was a “work for hire” for copyright purposes and also agreed that the testimony elicited at trial established that the Game of Life was a work for hire. As a result, the copyright grant for the Game of Life is not eligible for termination under the Copyright Act and the parties’ relationship preserved.