RE: Peter Pan protected?

I took a quick look at the complaint just for giggles--seems to me that in order for the publisher to win, they'll have to prove that the story was not 'published' in the U.S. before 1923. If it was published after that date, registered, and renewed, then Sonny Bono comes into play and the work's still under copyright. (The complaint says that Peter Pan was published, but it's conspicuously silent on where). Under the '09 Act, performance was not synonymous with publication.

I'm also assuming (but I don't know for sure) that the common law gave protection to unpublished works irrespective of country of origin. (cf 17 usc 104). I have no idea if that's right. Of course, if Eldred wins, then the case is mooted.

Cheers
Chris
-----Original Message-----
From: owner-cni-copyright[_at_]cni.org [mailto:owner-cni-copyright[_at_]cni.org] On Behalf Of Vance R. Koven
Sent: Monday, January 06, 2003 7:56 AM
To: Multiple recipients of list
Subject: Re: Peter Pan protected?

At 11:49 AM 1/3/03 -0500, David Bozak wrote:
>"SAN FRANCISCO (Reuters) - Peter Pan has flown into federal court in a
>copyright lawsuit over whether the rights to the legendary boy who
vowed
>never to grow up have moved from Neverland to the public domain after
more
>than a century."

I'm curious on just what basis the Great Ormond Street Hospital claims that
Peter Pan is under copyright in the US. As I understand it, it took special
legislation in the UK to preserve GOSH's copyright under local law; but I
don't see how that would affect the outcome in the US or Canada.

Vance R. Koven, Senior Attorney
Comverse, Inc.
100 Quannapowitt Parkway
Wakefield, MA 01880 USA
+1 781-224-8523 (vox humana)
+1 781-224-8144 (fax mechanica) Received on Tue Jan 07 2003 - 23:40:56 GMT