Kalantari v. NITV, Inc., 352 F.3d 1202 (9th Cir. 2003)

Date issued: Dec. 12 2003

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TURBOFAC Commentary (400 words)

Notes:

1) In a case not involving OFAC (either as party or amicus), the 9th Circuit held that, with respect to a film legally imported from Iran in accordance with the informational materials exemption (560.210(c)), the subsequent assignment of the copyright of the film was a transaction "ordinarily incident" (560.405) to the initial copyrighting of the film expressly authorized by the general license at 560.509. This case is notable for the following reasons:

i) the ITSR are still silent on the question presented in the case, but OFAC does not appear to have made any statement signaling disapproval with the decision;

ii) The case is of cross-programmatic relevance se with respect to regulations have similar copyright-related general licenses [1]

iii) This is a...