[WikiEN-l] Interesting article on restored copyrights in US works between...

[WJhonson at aol.com]

In a message dated 1/16/2009 8:45:57 PM Pacific Standard Time,  
saintonge at telus.net writes:

True  enough, because you can't repeal what was never in the law in the 
first  place.>>


---------------------------
Whether or not it was part of Common Law is exactly the issue.
You have to read up on the doctrine here
_http://en.wikipedia.org/wiki/Sweat_of_the_brow_ 
(http://en.wikipedia.org/wiki/Sweat_of_the_brow) 
 
Note how the "doctrine" is viewed in England.  Or at least as  presented here.
It should be apparent that the doctrine was treated as an implicit part of  
US law until recently.
That is why, you see, it wound up at the Supreme Court in the first  place.
To reconcile conflicting issues with the treatment of this implicit  doctrine.
 
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