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in a unanimous opinion, the justices reversed a 9th Circuit decision and ruled that the Lanham Act-which prohibits the giving of a false designation of origin for goods and services-allows the copying of public domain material without giving credit to its source. Dastar Corp. v. Twentieth Century Fox Film Corp. Inc., No. 02-428. The case concerned the rights of a company to market a set of World War II videotapes incorporating Twentieth Century Fox’s 1949 television series titled Crusade in Europe without giving credit to Fox for the underlying work. While the copyright on the Fox work expired in 1977, Fox sued the repackager, Dastar Corp., alleging that the failure to give credit constituted “reverse passing off,” which was in violation of the act. According to the court, the meaning of the phrase “origin of goods” in the act applied only to tangible goods, and not to the author of an idea or concept or communication embedded in that good. “To hold otherwise would be akin to finding that [the act] created a species of perpetual patent and copyright, which Congress may not do.” Scalia wrote the court’s opinion

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