Re: Tombstones, t-shirts, and copyright

I found the situation with the Tombstone T-shirts most inspiring, and I think Lolly Gasaway's conclusion was right on point. The gravamen of the case is reposed in the law which passed away on January 1, 1978. The pre-1976 law suffered from rigor mortis: register and use the copyright notice or your copyright privileges may be dearly departed. The problem also brings to mind another person whose legal interests became more complex after death: Elvis Presley. Yes, I made the pilgrimage to Graceland back in 1988, and there beside the house is Elvis's grave, complete with a long and forgettable recitation on the "stone." Inscribed at the bottom is a copyright notice. The zealous assertion of legal rights seriously jeopardized the solemnity of the occasion.

Another answer to the problem is entombed in the spirit of the case: Will the maker claim a copyright to the version she puts on the shirts? Claiming a copyright to the later work does not create an obligation to seek permissions, but in fairness it should make her more sensitive to any ghostly wisps of copyright's remains.

Kenneth D. Crews
Associate Professor of Business Law
San Jose State University
(408) 924-1342 Received on Wed Sep 22 1993 - 03:36:57 GMT