On Wed, 20 Apr 2005, Steven Jamar wrote:
> On Tuesday, April 19, 2005, at 05:10 PM, Pablo Palazzi wrote:
>
> > If the work of authorship is not fixed in a tangible medium of
> > expression you still may have common law copyright.
>
> Not in the US.
I think Pablo means state law copyright, which is sometimes (erroneously, in my view) labeled "common law copyright."
Section 301(b)(1) excludes preemption of unfixed works, and some states have filled in by providing that protection. California, for example, provides for it in California Civil Code s. 980(a). But, at least in California, it's statutory, not common-law. Received on Thu Apr 21 2005 - 03:40:56 GMT
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