Subject: RE: Please add "Public Domain" to "license" list
From: "Lawrence E. Rosen" <lrosen@rosenlaw.com>
Date: Mon, 17 Mar 2003 12:28:15 -0800

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@nyu.edu] 
> Sent: Monday, March 17, 2003 10:41 AM
> To: license-discuss@opensource.org
> Subject: Re: Please add "Public Domain" to "license" list
> 
> 
> Quoting Greg Pomerantz (gmp@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
--
license-discuss archive is at http://crynwr.com/cgi-bin/ezmlm-cgi?3

--
license-discuss archive is at http://crynwr.com/cgi-bin/ezmlm-cgi?3