RE: Copyright ownership of bin Laden video?

On Monday, December 17, 2001 11:07 AM, Terry Carroll [SMTP:carroll[_at_]tjc.com] wrote:
[re:bin Laden Video]
> I would expect the work to be considered unpublished; although the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.
>

While I agree that here the enforcement of the copyright is unlikely, this concept is not unique. My firm is currently involved in a case where one litigant is attempting to use his copyright in an unpublished book to prevent its dissemination to a judge in an otherwise unrelated manner (the book apparently contains some materials he does not want the judge to see).

It waits to be seen whether he will succeed in his argument. We are only involved tangentially and have no real bone to pick either way, but I think the question is interesting. Of course, merely preventing the reproduction and dissemination of the work does not prevent someone from retelling the ideas contained therein, but then it would be hearsay, and that's a discussion for another board.

-David Hale Received on Wed Dec 19 2001 - 14:19:40 GMT