FC: Stu Baker on Supreme Court's important new trademark decision

From: Declan McCullagh (declanat_private)
Date: Tue Jun 03 2003 - 20:17:16 PDT

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    From: "Baker, Stewart" <SBakerat_private>
    To: "'declanat_private'" <declanat_private>
    cc: "Albertazzie, Sally" <SAlbertazzieat_private>
    Subject: RE: Paul Levy on Supreme Court's important new trademark
      decision
    Date: Tue, 3 Jun 2003 06:25:30 -0400
    
    X-UIDL: 1b13c491e38e59018536d25ddd4ec615
    
    
    Declan,
    
    I was counsel of record for Dastar.  Paul's analysis is correct.  I suspect 
    the Court took the case in part to demonstrate that, the result in Eldred 
    notwithstanding, the public domain is important and will be protected.  In 
    the near term, the case's significance is that it overturns twenty years of 
    lower court decisions allowing writers and composers to sue for "creative 
    credit" on films, tv shows, and recordings.  In the longer run, there might 
    be implications for aggressive legal efforts to control use of the public 
    domain or even fair use.  There's probably an argument based on Dastar that 
    the DMCA can't be used to enforce a technological lock-up of public domain 
    works, for example.
    
    Stewart
    
    
    
    
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