Date : Thu, 14 Jun 1984 03:23:00-EDT
From : Jerry E. Pournelle <POURNE@Mit-Mc.ARPA>
Subject: keeping modm700 in the public domain
In the United States, anything which has been published without
copyright notice, or published with copyright notice plus
message to effect that it is released into public domain is in
public domain; claims to the contrary are not going to be
enforced by courts and authorities.
The case where a public domain work is modified and then
copyright is attempted is cloudy. Take "My Fair Lady": this is
of course drawn from Bernard Shaw's now public domain Pygmalian;
but of course it is also an original work. When first done
Pygmalian was not public domain, and license fees were paid to
the Shaw estate. Now the original is PD but My Fair lady
decidedly is not, as you will find if you try to put it on
without obtaining permission.
Susanna is an opera drawn from the Bible which is
certainly PD; but Susanna is not.
A copyright is no more than a license to sue (under
certain circumstances); there are supposed criminal penalties
for willfull violation of copyright but in practice these are
seldom applied.