IP SIG: Re: Important Victory for the Public Domain

Wed, 4 Jun 2003 09:05:20 -0400 (EDT)

In the interests of clarity, here are the original passages from Judge Scalia's opinion - a bit different from they way they were "quoted" in the NYT:

 

"To hold otherwise would be akin to finding that ยง43(a) created a species of perpetual patent and copyright, which Congress may not do. See Eldred v. Ashcroft, 537 U. S. 186, 208 (2003). "

"In general, unless an intellectual property right such as a patent or copyright protects an item, it will be subject to copying.. TrafFix Devices,Inc. v. Marketing Displays, Inc., 532 U. S. 23, 29 (2001). The rights of a patentee or copyright holder are part of a .carefully crafted bargain,. Bonito Boats, Inc. v. Thunder Craft Boats, Inc., 489 U. S. 141, 150.151 (1989), under which, once the patent or copyright monopoly has expired, the public may use the invention or work at will and without attribution. Thus, in construing the Lanham Act, we have been careful to caution against misuse or overextension of trademark and related protections into areas traditionally occupied by patent or copyright. TrafFix, 532 U. S., at 29."

----- Original Message -----
Sent: Wednesday, June 04, 2003 9:22 AM
Subject: IP SIG: Important Victory for the Public Domain

Important Victory for the Public Domain
 
[from SIVACRACY.NET: Siva Vaidhyanathan' Weblog http://www.nyu.edu/classes/siva/]

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
---
You are currently subscribed to mcn_mcn-l as: [email protected]
To unsubscribe send a blank email to [email protected] ---
You are currently subscribed to mcn_mcn-l as: [email protected]
To unsubscribe send a blank email to [email protected]

Reply via email to