Re: Was Judge Hand good for (c)-law?

On Mon, 23 Mar 1998, Tim Phillips <phillips[_at_]mail.nhn.ou.edu> wrote:
>
> I think Judge Learned hand's dictum about someone re-inventing
> the "Ode on a Grecian Urn" is nothing but legal hot air. In
> such a case the prior art should be held to invalidate the
> later copyright.

Prior art (pun or not) is a patent term. Judge Hand is right on target as to the law. At least under current understanding of copyright law. And, I think, he is right as a matter of policy as well.

Harold Federow
<hfederow[_at_]u.washington.edu> Received on Wed Mar 25 1998 - 19:22:03 GMT