Mr Grierson might be (mis)understood to suggest that to pass off the work of
another as one's own work after expiry of the originator's copyright is not
legally actionable
But "passing off" is still actionable under the Lanham Act. As Justice
Scallia stated in the opinion:
"Thus as it comes to us, the gravamen of respondents claim is that, in
marketing and selling Campaigns as its own product without acknowledging its
nearly wholesale reliance on the Crusade television series, Dastar has made
'a false designation of origin...' That claim would undoubtedly be sustained
if Dastar had bought some of New Lines Crusade video tapes and merely
repackaged them as its own"
The key point of the decision relates to the meaning of "origin" under the
Lanham Act when used with respect to what the Court termed a "communicative
product". And the court held: "But as used in the Lanham Act, the phrase
'origin of goods' is in our view incapable of connoting the person or entity
that originated the ideas or communications that the 'goods' embody or
contain."
Jim Brennan
>
>
>
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
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