On 4/6/07, Matthew Brown <morven(a)gmail.com> wrote:
On 4/6/07, geni <geniice(a)gmail.com> wrote:
The copyright holder of the book still under
copyright would still be
the copyright holder thus surely Stewart v. Abend would apply?
I can't see that Stewart v. Abend is really applicable in this
situation, which is rather different; Stewart v. Abend covers a
copyrighted work and the details of how rights over a copyrighted work
pass to the heirs on the author's death and how this affects copyright
assignments and permission for derivative works.
The scenario I asked about is when two independently copyrighted
works, where neither is a derivative work of the other, include the
same image that has not been independently copyrighted.
-Matt
It was the case used to back up the copyright claim on "It's a
Wonderful Life". I would argue that just because a specific copyright
claim has not be renewed that does not mean that the image enters the
public domain. That can only happen if all copyright claims failed to
be renewed.
--
geni