Re: Columbine High School videos

On Mon, 31 Jan 2000, Robert Cumbow <rcumbow[_at_]grahamdunn.com> wrote:
>
> On Sun, 30 Jan 2000, Bruce Hayden <bhayden[_at_]ieee.org> wrote, in part:
> >
> > He brought up that if the boys had survived, the tapes would
> > have probably been used as evidence in their trials, and
> > thus become part of the public domain. I would think though
> > that such a use would not truly impact the actual ownership
> > of the copyrights, but rather whether there was some sort
> > of public policy license granted (or fair use, etc.)."
>
> Introduction of a work as evidence in a trial does not put the work
> into the public domain.

I like the idea of license less and less here, as a license really has to be granted by someone who has the right to grant the license (and that presumably does not include the JeffCo Colo. D.A. in this case). However, could using such at a trial (for 1st degree murder in this case if the shooters had survived to stand trial) in such a nationally prominent situation enhance the reach of fair use here?

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The preceding was not a legal opinion, and is not my employer's.
Original portions Copyright 2000 Bruce E. Hayden,all rights reserved
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Bruce E. Hayden                      bhayden[_at_]acm.org
Phoenix, Arizona                     bhayden[_at_]ieee.org
                                     bhayden[_at_]copatlaw.com