Please add "Public Domain" to "license" list
Lawrence E. Rosen
lrosen at rosenlaw.com
Mon Mar 17 20:28:15 UTC 2003
Does abandonment by one joint author constitute a dedication to the
public domain, or does it merely convey all remaining interest to the
remaining joint author(s) from whom a license may still be required?
/Larry Rosen
> -----Original Message-----
> From: Gregory Pomerantz [mailto:gmp216 at nyu.edu]
> Sent: Monday, March 17, 2003 10:41 AM
> To: license-discuss at opensource.org
> Subject: Re: Please add "Public Domain" to "license" list
>
>
> Quoting Greg Pomerantz (gmp at alumni.brown.edu):
>
> > > How about this one: Hadady v. Dean Witter, 739 F. Supp.
> 1392 (C.D.
> > > Cal 1990). Plaintiff published a newsletter from 1985 to
> 1987 with a
> > > notice that said: "The information contained in this letter is
> > > protected by U.S. copyright laws through noon EST on the 2d day
> > > after its release . . ." The Court held that the notice was
> > > effective to cause an abandonment of plaintiff's
> copyright after two
> > > days despite the fact that the notice was not defective.
> >
> > Perhaps I haven't been paying adequate attention to posted details,
> > but I'm unclear on whether "abandonment" in this context means the
> > original owner ceasing to own title (what I suspect), or
> the original
> > owner being judged to have destroyed title to the property
> entirely.
> > Only the latter seems relevant to the foregoing discussion.
> Perhaps
> > you could clarify?
>
> This page looks like a pretty good summary of abandonment in
> a copyright context, although it is more aggressive than I
> think is prudent --
>
http://www22.brinkster.com/paradio/pages1/abandon.htm
Abandonment divests title to the work from the author, and I have no
reason to think title would vest in somebody else. Did you have
something in mind?
Greg
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