Re: Loss of Amos and Andy copyright?

Lee Hamovitz <ldh[_at_]loop.com> wrote:
>
> A few years ago, I believe, there was a court decision, (possibly
> Supreme) regarding CBS, Inc. losing copyright to the old "Amos and
> Andy" characters. I think CBS claimed they felt the shows were
> racially offensive, so they kept them locked up in the vault, and
> sued when a theatrical stage producer tried to revive the characters.
> The court, I believe, ruled that CBS lost rights to the characters
> because they had done nothing over the years to proclaim their rights.
> In other words, they should have actively said "we own this and
> purposely aren't using it."
>
> My question, this is all fuzzy and deep in my memory and I'm not sure
> I'm not imagining all this. I've searched all over and can't find
> anything. Is there an actual case like this? Does anyone have a
> citation? Please respond to me personally, as well as the list.

Silverman v. CBS, 870 F.2d 40 (2d Cir.), cert. denied, 492 U.S. 907 (1989).

The 2d Circuit held that the copyright in the initial Amos and Andy characters, as created for radio, fell into the public domain at the expiration of the term of protection, notwithstanding the fact that the term of protection on the TV characters had not yet expired. Thus, Silverman could use the characters and the scripts that were in the public domain, but not plots and developments that were featured in scripts still under protection.

Wes Cochran
Law Library Director &
Professor of Law
Texas Tech University
xpjwc[_at_]ttacs.ttu.edu Received on Mon Apr 27 1998 - 19:52:40 GMT