fmetrol Wrote:
-------------------------------------------------------
> Copyright gone mad

[http://www.theage.com.au/news/world/pyramid-copyright-blow/2007/12/26/1198345041887.html]
>
> Can you copyright the planet?

Probably unenforceable, as I understand that artefacts and ancient monuments are not, per se, open to copyright.

They may only be open to copyright to those who created them, and by even the most liberal interpretation of the 1971 Berne Convention law on copyright, the rights of these copyright holders have long since expired (as have the copyright holders).

This effort strikes me as silly as when Donald Trump tried to copright/trademark the phrase, "You're fired" some years ago. No court would allow it, and Trump was seen as a silly twit for even thinking about it. Similarly, Fox News was laughed out of court for trying to copyright the phrase "fair and balanced." In both cases, the courts noted that such phrases are part of the normal usage of language, which can't be copyrighted.

I could see similar arguments being made that no one country can hold "copyright" to monuments/artefacts for which they have no direct claim to creation, and that such imagery is part of the normal architectural expression. After all, didn't the Aztecs and other New World population have pyramids too? Are you going to charge them with "copyright violation"? Where does this end?

At the very worse, all Hawass is doing to by attempting to limit reproduction of monuments is creating the same problem the State of Kentucky created when it claimed that any use of the word "Kentucky" required royalties to be paid to the State, who held "copyright" to its usage.

Hence, Kentucky Fried Chicken became "KFC" - and just when was the last time YOU heard "Kentucky Woman" or "My Old Kentucky Home" played publicly since they passed that law some years ago? Rather than pay the "copryight" royalties, these items have now fallen into disuse and will eventually be forgotten.

Is that what Hawass really wants by creating such a law?

I wonder.

Katherine Griffis-Greenberg, J. D.

=================
DISCLAIMER:

Not a practicing attorney, and no attorney-client relationship is created. This response is for discussion purposes only. It isn't meant to be legal advice. If you wish legal advice, seek out an attorney in your own state who is familiar with your state's laws and applications thereof.