Re: Legal briefs, pleadings and Memoranda.

Michael Dodson writes:
> I am not sure that every document which may be a public record is
> automatically placed into the public domain. Public records laws are
> not intended to strip the copyright off all documents, otherwise books
> and periodicals in state libraries would become fair game.

Clearly not every document placed into the public domain is dedicated to the public domain: Copyright applications are public records.

Indeed, were that to the contrary, then the publication of the lyrics to Roy Orbison's "O' Pretty Women", repeated in the briefs and arguments of the parties to the recent Supreme Court case in Campbell v. Rose-Acuff, would no longer be protectible. This is clearly not the case.

This does not mean, of course, that no public record submission amounts to a dedication to the public domain of some rights. It mearly means that not all public record submissions will dedicate rights to the public domain. [On the other hand, unless reasonble precautions are taken, to preserve secrecy any submission to a generally available public record will probably forfeit trade secret protections.]

Just another view,
Andrew C. Greenberg
<greenber[_at_]source.asset.com> Received on Tue Nov 22 1994 - 03:42:16 GMT