Thank you for sharing!

Your article was successfully shared with the contacts you provided.
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

Want to continue reading?
Become a Free ALM Digital Reader.

Benefits of a Digital Membership:

  • Free access to 3 articles* every 30 days
  • Access to the entire ALM network of websites
  • Unlimited access to the ALM suite of newsletters
  • Build custom alerts on any search topic of your choosing
  • Search by a wide range of topics

*May exclude premium content
Already have an account?


ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2020 ALM Media Properties, LLC. All Rights Reserved.