dedication to the public domain

From: <CNICOPY[_at_]charlie.usd.edu>
Date: Thu, 17 Feb 1994 21:57:41 -0600 (CST)

>From Nick.Finke[_at_]Law.UC.Edu Thu Feb 17 09:32:58 1994
>
>In my opinion, under the language of the statute in Sec. 102, "Copyright
>protection subsists . . . in original works of authorship fixed in any
>tangible medium of expression. . . .", the action Bob intends by his
>legend does constitute a license rather than a dedication to the public
>domain. Contrary to the state of affairs under the 1909 Act, the
>existence of copyright in a work no longer depends on any affirmative
>action by the author or anyone else. For this reason, I would interpret
>Bob's legend as giving a license to all who might care to use the
>message, subject to the condition that attribution be given as
>requested. While Bob's action may be essentially equivalent to
>dedicating an item to the public domain, under the statute as it now
>stands I do not believe that any item otherwise copyrightable (i.e., an
>"original work of authorship") can actually reach the public domain in
>any way other than the expiration of the copyright term (i.e., in this
>case Bob's life (may it be long) plus fifty years).

Nick,         

Do you think that the 76 Act abolished the defense of abandonment? If works can only enter the public domain upon expiration of the copyright, then why is the Copyright Office still accepting affadavits dedicating works to the public domain?

My opinion probably falls somewhere between Bob's and Nick's. If I were Bob, I think I would eliminate the "subject to" language and put the request in a separate sentence at the end. I think that would make it clear that the request is not a condition. When a permission statement gives everyone in the world unconditional permission to use any and all of the rights that comprise copyright, then it amounts to extinguishment or dedication to the public domain.

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Mary Brandt Jensen

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CNICOPY[_at_]CHARLIE.USD.EDU

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Received on Sun Feb 20 1994 - 05:27:28 GMT