Re: Press Release Copyright (was RE: Howard Stern In Denver)

["A. Joseph Ross" <lawyer@world.std.com>]

On 29 Apr 99,  Douglas J. Broda wrote:

> I do know that the lack of financial gain isn't utterly determinative.
> (Example: the Lyrics Server that was shut down that posted music lyrics,
> which certainly didn't make money for its creator/maintainer (ad revenues
> were less than hosting costs), but was still a near-certain copyright
> violation.)
 
Exactly.  Even if you don't make money infringing a copyright, the free 
distribution could cost the copyright holder money by diluting the 
market for the legitimate material.

> As for the intent, I think you're quite right when a newspaper to which a
> release is sent uses it. But would that imply a consent to its
> redistribution by someone other than a newspaper or other directed
> recipient? I don't know. But I'm sure some judge has decided this
> somewhere, and I'd *hope* that the decision was that it's not a violation.

Not unless some idiot actually claimed infringement for a press release, 
which doesn't seem very likely.


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