On Tue, May 08, 2001 at 05:32:34PM -0400, James Miller wrote:
> Sam,
>
> What's your support for this again? Publication establishes protectability.
Right. But my point was in response to a claim about yelling in
Trafalgar Square, which is public performance, and not publication.
>
> The Hemmingway estate case essentially holds against your proposition.
> The court held that if Hemmingway had "set off" his comments in some way
> in talking to a biographer--maybe air quotes or something..--then he
> could have protected his comments otherwise nada protection...
>
> Unpublished works that are communicated aren't afforded any special
> protection. If they are communicated in a way that would constitute an
> implied license there will be no infringement even if they are deemed
> protectable.
>
I'll look that case up. But if you put on a play on the street, that
would see protectable. Blathering in a public square probably won't
get much protection, but that wasn't the real point.
> Additionally, the point of attachment is not limited to where the
> archives are stored--although this hasn't been widely litigated yet,
> huh.. ;)
Yeah, but good luck getting the documents actually removed without a
US court decision.
>
> Keep in mind protection is a reward for publication. Common law
> copyright protections and limited publications are legal fictions.
This is where _Salinger_ comes into play. It is possible to infringe
on an upublished work. Additionally, it is illegal to record and
distribute a Broadway play, despite the lack of publication.
>
> >sam th --- sam@uchicago.edu <http://us.f107.mail.yahoo.com/ym/Compose?To=sam@uchicago.edu&YY=75030&order=down&sort=date&pos=0>
> >
> >Note that in the US, where the debian archives are located, this is
> >not actually true. You can't prevent people from recording it (since
> >recording in a public space is legal), but your expression is
> >copyrighted, and you have not published it by yelling it. So if they
> >try to distribute it to their friends, you could prosecute them for
> >copyright infringement.
> >
>
sam th --- sam@uchicago.edu --- http://www.abisource.com/~sam/
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