Re: Re: Re: Copyright vs Public Domain
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Posted by M. Arthur Auslander on April 25, 2000 at 03:59:15:
In Reply to: Re: Re: Copyright vs Public Domain posted by JD Lail on April 24, 2000 at 09:11:42:
: : : We are in the middle of a huge argument in a
: : : The crux is how to interpret the status of Andersons
: : : What is the status of Anderson's original dialog,
: : : there is no prior art on Anderson's side, that
: : The is so much out there, that a case name is meaningless without the facts and law. I don't even remember the
: : The denial of a copyright, sounds strange, copyrights are registered without examination. Prior art is involve with patents.
: Sorry this was a famous IP case from what I've
: In a nutshell Mr. Anderson wrote an unsolicted
: The question is whether the parts of work which
The theme ideas are not protected by the copyright.
I had an author client who wrote for a mass book publisher. The client was always relieved when his theme ideas were assigned to him for book
The wholely original expression in the Anderson work is protected under the copyright law even if he had no rights to the Rocky sequel. The theme idea is usable.
It is my belief that if Shakespeare had a valid copyright on Romeo and Juliet when West Side Story came out, that Shakespeare would lose in a copyright infringement suit.
M. Arthur Auslander
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