RE: Copyright ownership of bin Laden video?

On Fri, 14 Dec 2001, Chris Mohr wrote:

> The work's fixed in Afghanistan; we have no treaty relationship with
> them. Thus no protection as a matter of right.

That's correct for a published work, but unpublished works are protected without regard to nationality or domicile of the author.

I would expect the work to be considered unpublished; although the definition of publication does not expressly state that the distribution be done by the copyright holder, I would be surprised if an infringer could use as a defense that the work was now published as a result of his infringing distribution.

This is, of course, academic. I don't think anyone's going to be trying to enforce a copyright here.

-- 
Terry Carroll        |  "There ain't no such thing as a free lunch."
Santa Clara, CA      |   - Washington Legal Foundation v. Legal 
carroll[_at_]tjc.com      |     Foundation of Washington, no. 98-35154
Modell delendus est  |     (9th Cir. Nov. 14, 2001) (Kozinski, dissenting)