Re: Constitutional Challenge to (C)

On Fri, 3 Apr 1998, Karen LeFevre <kblwrite[_at_]aol.com> wrote:
>
> On 98-04-01, Thomas Cotter <cotter[_at_]law.ufl.edu> wrote:
> >
> > I don't think it would be that hard to come up with a litigable case
> > or controversy to test the constitutionality of the legislation.
> > Hire an orchestra next year to perform Gershwin's "Rhapsody in Blue,"
> > which (I believe) is set to go into the public domain on January 1,
> > 1999, if the term extension doesn't pass. When the orchestra is sued
> > for copyright infringement, it can raise the constitutional argument
> > as a defense.
>
> Now this is an interesting idea. Suppose that such a concert (or some
> related event) WERE staged and publicized nationally, with ticket sales
> at enough of a price to cover the event AND be donated to a non-profit
> fund for preservation of the public domain (and, if necessary, for legal
> defense). This is the type of publicity that I think has been lacking.
> Perhaps the intangibility of the public domain needs to be made concrete
> and vivid from time to time so people can see that it exists and has
> supporters?

How about if the performance of the music were accompanied by a visual display that incorporated images from films, photos, and other (audio)visual works likewise set to go into the public domain but for the term extension? And how about recording this performance/display, and marketing the result as a music video or concert film?

Increasing the number of "owners' and the number of "rights" involved would increase the publicity -- and the chances of getting sued.

Maureen Cohen
GULC Class of '98
<cohenm1[_at_]bulldog.georgetown.edu> Received on Sat Apr 04 1998 - 18:58:07 GMT