Re: elected officials

Christine Lloyd <clloyd[_at_]info.hwwilson.com> wrote:
>
> I need some feedback on an issue that came up at work concerning
> speeches made by elected officials and when those speeches enter the
> public domain. Does anyone know? I'm pretty sure that the "STate of
> the Union Address" is public domain. If anyone has any information on
> this or any opinions - I would greatly appreciate it.

Just off the top of my head, I'd say that any speech made by a government official within the scope of his or her duties is a "work of the US government" and thus not protected by copyright but public domain by definition. On the other hand, campaign speeches, honorarium lectures, and other public speeches NOT within the scope of the official's formal duties might well be copyright protected. The threshold question in such a case would be whether the speech was fixed in a tangible medium. If it were written down and delivered from a written or printed text, it would probably be protected by copyright, unless something the speaker did evidenced a clear intention to deliver the speech into the public domain. There was a case a few years ago about reproduction of Martin Luther King's "I have a dream" speech--even though Dr King was not a government official, the case might have some relevant dicta for you, so you may want to look it up. I am sure others will have comments more helpful than mine.

Bob Cumbow
<cumbr[_at_]perkinscoie.com> Received on Fri May 30 1997 - 16:53:39 GMT