Re: Attribution is not required in publicdomainmaterials

From: Kevin Grierson <kgrierson[_at_]wilsav.com>
Date: Thu, 05 Jun 2003 10:39:59 -0400

Although I share your distaste for plagiarism, trademark law was never intended to be a vehicle for proper attribution of copyrighted works. And in the U.S., at least, the rights of attribution and integrity are limited to works of visual art and expire when the author does. What Fox was trying to do was not merely to promote academic honesty, but to keep a competitor from using a public domain work on the basis that the original copyright owner wasn't properly credited.

Attribution is, and has been, an academic concern, once we get beyond the moral rights of an author. Is it unethical and morally objectionable to pass the work of another off as one's own? Yes. Should such behavior be actionable once the copyright and author's right of attribution are gone? I think not, because the consequences of such a rule are worse than the ill it would seek to cure.

Kevin Grierson

Kevin W. Grierson
Willcox & Savage, P.C.
One Commercial Place, Ste. 1800
Norfolk, Virginia 23510

mailto:kgrierson[_at_]wilsav.com
ph: 757/628-5603 fx: 757/628-5566
http://wilsav.com
Sign up for our E-Commerce Newsletter at http://wilsav.com/nep/news_signup.html

>>> mlandau[_at_]gsu.edu 06/04/03 09:34AM >>>
What is wrong with requiring attribution?

If there is no false designation of origin, then there is no Lanhgam Act problem.

Oh, have you heard my new record, Landau's 5th symphony? The first 4 notes are killer !

I also have just finished some a painting, "Mona Lisa", she has a wonderful smile. Also, check out my new novel, "Great Expectations" and my new play "The Merchant of Venice."

It seems as all of this would be acceptable after that decision.

 Also, think of all of the public domain depression-era FSA photographs. Should I be able to publish them without saying that they were taken by Walker Evabns, Ben Shahn, Dorathea Lange, etc?

I think that it is not a good decision.

Michael Landau
Georgia State

#############################################################

This message is sent to you because you are subscribed to   the mailing list <CNI-COPYRIGHT[_at_]cni.org>. To unsubscribe, E-mail to: <CNI-COPYRIGHT-off[_at_]cni.org> To switch to the DIGEST mode, E-mail to <CNI-COPYRIGHT-digest[_at_]cni.org> To switch to the INDEX mode, E-mail to <CNI-COPYRIGHT-index[_at_]cni.org> To postpone your subscription, E-mail to <CNI-COPYRIGHT-null[_at_]cni.org> Send administrative queries to <CNI-COPYRIGHT-request[_at_]cni.org>

Visit the CNI-COPYRIGHT e-mail list archive at <https://mail2.cni.org/Lists/CNI-COPYRIGHT/>. Received on Thu Jun 05 2003 - 18:39:59 GMT