3 ms·

> Second, a copyrighted work does not enter the public domain by being published in a court filing or record Court records in the US that are not sealed are pr

by kbutler 16y ago

> Second, a copyrighted work does not enter the public domain by being published in a court filing or record Court records in the US that are not sealed are presumptively open to public access and copying. While this may be technically different from a work being "in the public domain", in practice, especially if the goal is secrecy, it doesn't make much difference. My favorite example of a copyrighted work in a public court record comes from Campbell v. Acuff Rose Music, 510 U.S. 569 (1994). The Supreme Court decision includes the full lyrics of Roy Orbison's "Pretty Woman". http://www.law.cornell.edu/supct/html/92-1292.ZO.html http://www.law.cornell.edu/supct/html/92-1292.ZO.html I guarantee that Cornell didn't bother to ask Roy Orbison's heirs/assigns for permission to include the Pretty Woman lyrics on that site... kb

danudey 16y ago
My favourite example of a copyrighted work in a public court record is that time Jack Thompson submitted gay porn as part of a court filing, now available to everyone, including minors, from public records, forever. http://gamepolitics.com/2007/09/26/judge-spanks-jack-thompson-for-sending-gay-porn-with-court-filing http://gamepolitics.com/2007/09/26/judge-spanks-jack-thompso...
tzs 16y ago
However, if you were to decide you wanted to make a new song that uses the "Pretty Woman" lyrics but set to a new tune, you'd hear from Orbison's heirs/assigns. A defense that you copied the lyrics out of the court record would not get very far. When a copyrighted work is reproduced in government documents that are available to the public (such as court records), it is considered fair use. A quick search doesn't turn up much specifically on this, but there is some relevant discussion on the similar issue of copyrighted works released by a government agency in response to Freedom of Information Act requests here: http://www.justice.gov/oip/foia_updates/Vol_IV_4/page3.htm http://www.justice.gov/oip/foia_updates/Vol_IV_4/page3.htm.

by kbutler 16y ago

danudey 16y ago

My favourite example of a copyrighted work in a public court record is that time Jack Thompson submitted gay porn as part of a court filing, now available to everyone, including minors, from public records, forever. http://gamepolitics.com/2007/09/26/judge-spanks-jack-thompson-for-sending-gay-porn-with-court-filing http://gamepolitics.com/2007/09/26/judge-spanks-jack-thompso...

tzs 16y ago

However, if you were to decide you wanted to make a new song that uses the "Pretty Woman" lyrics but set to a new tune, you'd hear from Orbison's heirs/assigns. A defense that you copied the lyrics out of the court record would not get very far. When a copyrighted work is reproduced in government documents that are available to the public (such as court records), it is considered fair use. A quick search doesn't turn up much specifically on this, but there is some relevant discussion on the similar issue of copyrighted works released by a government agency in response to Freedom of Information Act requests here: http://www.justice.gov/oip/foia_updates/Vol_IV_4/page3.htm http://www.justice.gov/oip/foia_updates/Vol_IV_4/page3.htm.