Re: copyright of briefs?

Okay, here is a new thread, and I invite comments from everybody. The question presented may be stated in either of two forms.

1. Does the author of a legal brief somehow dedicate it to the public, waiving all copyright claims against those who would copy it (from court records, let's say) and sell copies of it or otherwise make money from it?

or

2. Can it possibly be copyright infringement for someone to make copies of legal briefs and sell the copies or otherwise make money from them?

Of course we know a few things that are pertinent but which might not settle the question.

1. Principles of fair government call for court records generally to be open to the public, and probably allow persons to make a copy for private use.
2. If it were a non-pleading (say, a book manuscript that is an attachment to a court pleading) then probably members of the public can't make copies all they want and sell them. See the Church of Scientology case where the judge said that a document's status as being a public record does not necessarily extinguish copyright rights in the document.
3. And keep in mind the reporters, found in every law library, that contain the lawyer's briefs: the Lawyer's Edition Supreme Court reporter which contains the Supreme Court opinion and the briefs in the case.
4. Does the answer turn on whether or not a copyright notice was placed on the brief? (surely not, per Berne.)

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Carl Oppedahl, oppedahl[_at_]patents.com  Oppedahl & Larson, patent law firm
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