Linked by Thom Holwerda on Tue 17th Jan 2012 13:13 UTC
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Public performance by the ARTIST doesn't imply public domain. Copyright attaches regardless of HOW or WHERE the media is delivered.
I believe the law has changed on this one since that speech was given (see Berne Convention Implementation Act of 1988) - back then you didn't automatically get copyright for general publication of a work. Worse, with the retroactive copyright extensions (which were even made after his death), this won't go into public domain until 2038.
Exactly. This actually went to court and they found that when he gave this speech it wasn't a "general publication", and that's why it's still copyrighted.
Also, while the text of the speech will be public domain in 2038 (life + 70), the sound recording of it won't be until 2067, because Congress gave all audio recordings 75 years of copyright in 1972, plus the 20 year extension that came in 1998.




Member since:
2005-07-06
Public performance by the ARTIST doesn't imply public domain. Copyright attaches regardless of HOW or WHERE the media is delivered. You actually have to state that what you are doing is for the public domain before it becomes public domain... unless you're the government, where everything they do is by law public domain since they technically work for the public.