The infamous "publication" issue is popping up everywhere! This just in:
https://www.techdirt.com/articles/20150727/16042931768/happy-birthday-copyright-bombshell-new-evidence-warner-music-previously-hid-shows-song-is-public-domain.shtml “Last minute evidence that completely turns a legal case on its head doesn't come about all that often -- despite what you see in Hollywood movies and TV shows. The discovery process in a lawsuit generally reveals most of the evidence revealed to everyone pretty early on. And yet... in the high profile lawsuit over the copyright status of the song "Happy Birthday," the plaintiffs "Good Morning to You Productions" (who are making a documentary about the song and are arguing that the song is in the public domain) have popped up with a last minute filing, saying they have just come across evidence that the song is absolutely in the public domain." Wouldn't you know it, the "new evidence" involves the date of "publication" of the song many, many years ago. Yes, it's a museum-related issue. We just finished creating and opening an exhibition called "Happy Birthday" on the occasion of our 50th anniversary -- without using the song, since the case was still litigation. Amalyah Keshet Head of Image Resources & Copyright Management The Israel Museum, Jerusalem
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