[ARTICLE SYNOPSIS] Copyrighted works that have been registered with the U.S. Copyright
Office are not vested with the same confidential treatment as trade
secrets because they are available to the public.
Each time a person or entity registers an original work with the U.S.
Copyright Office, a copy of the work that the applicant wishes to
register is submitted along with their application. This submitted copy
of a published, literary work (which is called a deposit copy) is often
made available to the public via the Library of Congress and a national
network of libraries.
The fact that copyrighted materials are public records and not
confidential is a basic principle of U.S. Copyright Law. This basic
principle of copyright law may create big changes to tire litigation and
the evaluation of wrongful death claims related to faulty tires. To
date courts have routinely held copyrighted reports containing data on
tire safety is inadmissible in tire litigation because, the reports
contain trade secrets and are thereby confidential. However, it seems
that the copyright notice on the reports and their availability (upon
request) to the public in the stacks at the Library of Congress and
other libraries has been routinely overlooked.
Proper application of copyright law in tire litigation could alter
the evaluation, treatment and admissibility of copyrighted reports
containing data on tire safety. As a result, copyright law has the
potential to impact public safety.
For more information on this topic, See the article titled “The
Tire Industry’s Abuse of Copyright Claims and the Corresponding
Defenses of Copyright Misuse and Fair Use of Smithers Documents” co-authored by me and Bruce Kaster Esq.
BY: Vanessa Kaster, Esq., LL.M.
For personalized legal services you are welcome to contact me at [email protected]
See also: a full bio of Mr. Bruce Kaster who has extensive litigation
experience against major tire manufacturers and vehicle manufacturers,
including Bridgestone, Firestone, Goodyear, Continental General, Cooper
Tire, Ford Motor Company and others at www.tirefailures.com and a copy of our article and other resources at www.tirefailures.com/helpful-resourses.html; @iplegalfreebies and www.kasterlegal.com.