Re: What is immoral?

On Thu, 23 Feb 1995, Dave Gowan wrote:
>
> > Take a look at 41 Op. A.G. 395 (1958), by A.G. William P. Rogers (under
> > Eisenhower), which reviews cases denying copyright protection for works
> > that are "seditious, libellous, obscene or immoral." The opinion quotes
> > a case that concluded that a copyrightable work must be "original,
> > meritorious, and free from illegality or immorality."
> >
> > Kenneth Crews
>
>
> So, if a musician made a video, and he burnt the American flag in it,
> under this doctrine he could not copyright the work?

CREWS ADDS: But flag-burning is legal now.
>
> And, if Rosanne Barr mis-sang the "Star-Spangled Banner" at a baseball
> game, and during her lousy performance cupped her genitals in her
> hand, and filmed the entire thing, under this doctrine she couldn't
> get a Copyright?

CREWS ADDS: Perhaps we should add "disgusting" to the list? :-) (Perhaps we should be grateful for the strike....) We also need to keep in mind that the opinion dates from 1958, it criticized those decisions, and it cautioned the Copyright Office against precluding copyright for these reasons, because of the serious First Amendment issues.

Kenneth Crews
Indiana University
School of Law--Indianapolis
<kcrews[_at_]velcome.iupui.edu> Received on Thu Feb 23 1995 - 17:57:36 GMT