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Important Victory for the Public Domain
According to Michael Geist of BNA:
The U.S. Supreme Court yesterday
issued its decision in
Dastar v. 20th Century Fox, a Lanham Act suit over the
use
of public domain footage of a documentary. The court ruled
against
Fox, finding that trademark law does not prohibit
the use of public domain or
uncopyrighted material without
giving credit to its source.
Decision at: this site in PDF
form. http://www.supremecourtus.gov/opinions/02pdf/02-428.pdf
Coverage
from The New
York Times. http://www.nytimes.com/2003/06/03/politics/03SCOT.html
"To
hold otherwise, Justice Scalia said, would amount to the judicial creation of "a
species of mutant copyright law." Quoting an earlier decision, he said that
patents and copyrights offered a "carefully crafted bargain," a temporary
monopoly after which "the public may use the invention or work at will and
without attribution."
amalyah keshet
head of image resources & copyright
management
the israel museum, jerusalem www.imj.org.il
tel
+972-2-670-8874
fax +972-2-670-8064
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- IP SIG: Important Victory for the Public Domain Amalyah Keshet
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