JibJab beats copyright rap

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I love this. Actually kinda wish they had won.

---Ludlow's chief legal representative, Paul LiCalsi, said on Wednesday that because "This Land" was last copyrighted during a period when the song was technically considered unpublished, Ludlow's rights to the song never lapsed, he said.

"Since there was no official publication after the last copyright, the song is still protected under the law," said LiCalsi, of the Chicago-based firm Sonnenschein, Nath & Rosenthal. ---


If I understand this correctly, they are saying that since it was not a current offering then the copyright clock stopped and will not restart until they officially publish it again. With the clock being stopped then the copyright laws are not in effect, otherwise the time would expire. So they are claiming the period that the songs are not officially published is 'dead time' and the copyright laws don't apply.

Excellent!!!

I love it. Can you imagine the defense if they had won? Every song, book, movie, painting, poem, etc... not now being 'officially' published would have the copyright clock stopped. With the copyright clock stopped the copyright laws would then not be in effect. That would give me the right to distribute anything and everything I wanted to that is not a current 'official' release since the clock is not running and the laws are not in effect.

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Wonder if any of these attorneys ever actually read the statute? As far as I can remember, there are no provisions for continued publication for the time to expire. Of course it is an idiotic claim for the company to make. I would like to personally meet the attorney that came up with this one. I'd shake his hand. Then I could say I shook hands with the most incompetent individual on the planet.

Of course the copyright and patent laws are both due for a major overhaul. I read The Constitution several times. I remember the part under Article 1 Section 8 Clause 8 saying something about progress of science and useful arts and something about securing exclusive rights, for a limited time, to artists and inventors but, no matter how many times I read it, I cannot seem to find the part about those exclusive rights being secured for inventors, the inventors children, the inventors grandchildren and the inventors great-grandchildren. Somehow, particularly after reading Jefferson, Adams and Franklin stuff, I just cannot envision them meaning for the exclusive rights to be perpetual. I don't know. Maybe it's just me.

Posted by: AmusedAtItAll   Posted on: 08/26/04 You are currently: a Guest | Members login | Terms of Use

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