Re: Re: Re: Copyright vs Public Domain

Subject: Re: Re: Re: Re: Copyright vs Public Domain

Comments:
: : : : We are in the middle of a huge argument in a : : : : newsgroup over a copyright issue. In particular : : : : this is rooted in the case of Anderson vs. Stallone : : : : which you are probably familiar with. : : : : The crux is how to interpret the status of Andersons : : : : work when he was denied a copyright. As far as I know : : : : his entire atristic output was reflected in the : : : : item that was adjuduicated. : : : : What is the status of Anderson's original dialog, : : : : prose, plot, et al, excluding Stallones copyrighted : : : : material ? Is it de facto public domain ? Or perhaps : : : : worthy of a separate copyright ? Or something else ? : : : : 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 : : : holding in Marbury V Madison. : : : I don't have the time to look up the case by name. I you have a question, it would help to have facts and law. : : : 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 : : been told. I just assumed too much. :) : : In a nutshell Mr. Anderson wrote an unsolicted : : sequel to the movie Rocky. He sued when Rocky : : IV came out and was very similar to his script/ : : book. The judge declared that his work was : : derivative and he got nothing. : : The question is whether the parts of work which : : were wholly original could be picked up and used : : by anyone as if they were in the public domain : : since Mr. Anderson could not secure a copyright : : on them without reformulating them a great deal : : to eliminate the offending material. : : Thanks : : Don Lail : A copyright protects the mode of expression not the idea. Anderson and anyone is entitled to copyright protection, I fact the law applies as the work is created. Registration enables enforcement. : 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 : authorship. : 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 : Auslander & Thomas-Intellectual Property Law Since 1909 : 505 Eighth Avenue, New York, NY 10018 : 212-594-6900, fax 212-244-0028, aus@auslander.com : ELAINE's Workshop (sm) : E arly L egal A dvice I s N ot E xpensive

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