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Estate of Martin Luther King, Jr., Inc. v. CBS, Inc.
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Estate of Martin Luther King, Jr., Inc. v. CBS, Inc. : ウィキペディア英語版
Estate of Martin Luther King, Jr., Inc. v. CBS, Inc.

''Estate of Martin Luther King, Jr., Inc. v. CBS, Inc.'' (194 F.3d 1211 (11th Cir. 1999)) is a United States court case that involved a longstanding dispute about the public domain copyright status of the text of Martin Luther King, Jr.'s famous speech, known by the key phrase ''I have a dream'', originally delivered on the steps at the Lincoln Memorial in Washington, D.C. on August 28, 1963. The court ruled that King's delivery of the speech was a "performance", rather than a "general publication", of its text, and therefore overruled a lower court judgment granting summary judgment in CBS's favor. The two sides ultimately settled the matter out of court instead of appealing to a higher court.
==The facts==
The facts of the underlying dispute are as follows: when King delivered his speech publicly to a large audience, both live and televised, its text had not been submitted to the Register of Copyright to obtain federal copyright protection. Under state law, common law copyright only subsisted before publication of the work, so, it was argued that the work had been published to the general public when he delivered the speech, with extensive media coverage, and by so doing the text of his speech entered the public domain and could be freely copied and distributed by third parties. However, Dr. King did register the text of his speech the next month as being an unpublished work and after his death his estate filed this lawsuit in order to enforce the copyright.
This litigation began after CBS refused to pay King's estate royalties for using footage from King's "I Have a Dream" speech in a segment of its documentary series ''The 20th Century with Mike Wallace'', which was produced in collaboration with the A&E Network.〔http://law2.umkc.edu/faculty/projects/ftrials/communications/estateofmlk.html〕

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
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