Oops! JibJab wins with the "you snooze, you lose" defense
JibJab beats copyright rap | CNET News.com: "Attorneys for JibJab also said they have found evidence that the copyright on Guthrie's song expired in 1973, meaning that anyone can use it for free."
If the song's copyright expired in 1973, then Ludlow's renewal filed in 1984 is eleven years too late. The song did not follow under the Bono Act's retroactive copyright grab that put things like "The Scarlet Letter" back into copyright after they'd been public domain.
The real question here is that since this case didn't end up testing the boundaries of Fair Use after all, where are those limits? Had Ludlow still held copyright on "This Land", would JibJab have been in violation or not?
If the song's copyright expired in 1973, then Ludlow's renewal filed in 1984 is eleven years too late. The song did not follow under the Bono Act's retroactive copyright grab that put things like "The Scarlet Letter" back into copyright after they'd been public domain.
The real question here is that since this case didn't end up testing the boundaries of Fair Use after all, where are those limits? Had Ludlow still held copyright on "This Land", would JibJab have been in violation or not?
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