Re: Odd (and misleading) copyright statement

From: Steven Jamar <stevenjamar[_at_]gmail.com>
Date: Tue, 29 Aug 2006 15:25:01 -0400


well, we run into this claim all the time don't we -- "no part of this broadcast may be copied or rebroadcast without the express written permission of the [sport league] and [media network]."

And yet, we know about fair use, facts, and so on. Even though they broadcast the score, I can reproduce it as much as I want and distribute it to everyone I know.

I would like to see a copyright reg on this which requires a more naked claim of copyright with a west publishing-like disclaimer "no copyright claimed in . . ."

I think that would be the best way to handle it.

Steve

On 8/29/06, Dodi Schultz <SCHULTZ[_at_]compuserve.com> wrote:
>
> Michael Brewer writes, about a copy of "Wizard of Oz" published just a few
> years ago [the original, "The Wonderful Wizard of Oz," was published in
> 1900], that it bears a somewhat confusing copyright notice, which:
>
> >> ...said something like "new material copyright 1999" and then went
> >> on to say, in the usual language, that no part of this book may be
> >> copied...without the consent of...etc." There was no indication
> >> what part of the text was "new", or whether or not it had been
> >> abridged, or changed in any way. My question is, isn't this
> >> terribly misleading? The implication is that nothing in the book can
> >> be used without the consent of the copyright holder (to whatever new
> >> material there might be, but not to the majority of the text, or even
> >> perhaps the entire text - the new material could be just
> >> illustrations, or notes)....Is it, then, up to the user to determine
> >> what is new (if anything) and what is not...?
>
> That sent me to my bookshelf and my copy of "The Annotated Wizard of Oz /
> The Wonderful Wizard of Oz, by L. Frank Baum / Pictures by W.W. Denslow /
> With an Introduction, Notes, and Bibliography by Michael Patrick Hearn"
> (Clarkson N. Potter, 1973). Denslow was the original illustrator (he'd also
> worked with Baum on earlier books).
>
> The copyright notice in THIS book raises even larger questions. It reads,
> "Copyright 1973 by Michael Patrick Hearn. All rights reserved. No part of
> this publication may be reproduced, stored in a retrieval system, or
> transmitted, in any form or by any means, electronic, mechanical,
> photocopying, recording, or otherwise, without the prior written permission
> of the Publisher."
>
> This suggests that Hearn was claiming all right not only to his intro,
> annotations, etc. but also to Baum's text and Denslow's illustrations. That
> doesn't seem right.
>
> Comments?
>
> --DS
>
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-- 
Prof. Steven Jamar
Howard University School of Law
Received on Tue Aug 29 2006 - 23:25:01 GMT

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