Julian Abele Cook

Name: Estate of Martin Luther King, Jr., Inc. v. CBS, Inc. — Opinion of Cook, J.
Author: Julian Abele Cook

Estate of Martin Luther King, Jr… (1999)

Summary

“Estate of Martin Luther King, Jr., Inc. v. CBS, Inc. — Opinion of Cook, J.”, published in 1999, is a work by Julian Abele Cook. It explores elements such as performance, publication and dissemination.

Quotes from Estate of Martin Luther King, Jr… (Julian Abele Cook)

Julian Abele Cook, Estate of Martin Luther King, Jr… (1999)

“ The logical result of the rule that performance cannot constitute a publication regardless of audience size is that an affirmative effort to obtain press coverage does not constitute an exception because media coverage does nothing more than increase the size of the audience, which is irrelevant to the issue of publication. Thus, I am of the opinion that the trial court erroneously found that a general publication existed in part because of the widespread dissemination of the speech that had been implemented by the concerted efforts of the March organizers to maximize press coverage. ”

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Source: Wikisource

Julian Abele Cook, Estate of Martin Luther King, Jr… (1999)

“ The public representation of a dramatic composition, not printed and published, does not deprive the owner of his common-law right, save by operation of statute. At common law, the public performance of the play is not an abandonment of it to the public use. ”

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Source: Wikisource

Julian Abele Cook, Estate of Martin Luther King, Jr… (1999)

“ Although the reasoning of the trial court may have been justified on the basis of works that are manifested through a physical object, such as books or pieces of art, it is inapplicable to performed works because of the axiom that performance is not a publication, regardless of the size of the audience. ”

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Source: Wikisource

Julian Abele Cook, Estate of Martin Luther King, Jr… (1999)

“ The court does not believe that such inconsistent actions, as occurred in the captioned case, can be seen as anything other than a general publication extinguishing common law copyright protection. King II, 13 F.Supp.2d at 1351. In support of this reasoning, the trial court opined that " [t] he concept that dissemination by performance could reach such heights as to be a publication is not a new one," relying upon Gerstein. ”

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Source: Wikisource

Julian Abele Cook, Estate of Martin Luther King, Jr… (1999)

“ The offering to distribute copies or phonorecords to a group of persons for purposes of further distribution, public performance, or public display, constitutes publication. A public performance ... of a work does not of itself constitute publication. ”

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Source: Wikisource

Julian Abele Cook, Estate of Martin Luther King, Jr… (1999)

“ Thus, the district court essentially created an exception to the audience-size-is-irrelevant rule based on the public interest in Dr. King's speech. There is no authority for such an exception. In the fair use decision of Harper & Row, Publishers, Inc. ”

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Source: Wikisource

Julian Abele Cook, Estate of Martin Luther King, Jr… (1999)

“ King's speech, were subsequently re-broadcast," (6) " [a] t no point was the press given express limitations regarding who could film the event or the extent to which their footage could be used," (7) "there is no indication that any such limitations were made or implied," and (8) "there is no record of objections by Dr. King or by other March participants or organizers as to the press' coverage of the event." ”

Julian Abele Cook

Summary

Quotes from Estate of Martin Luther King, Jr… (Julian Abele Cook)

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