Discussion:
Here is a good "case" for you lawyers out there:
20 years ago a company relegated all of its material to public domain. This material consisted of both transcribed audio collections and the audio material themselves.
Currently the company is trying to get people to stop producing copies of the aforementioned collections. The company states that they had a change of mind about whether or not the material should be public domain or not.
They have no registered copyrights, trademarks, or any other legal aids to base this on.
Can anyone duplicate the work, such as a not for profit group such as my own?
Answer:
I am not an attorney, but I will provide you with a quote, which
discusses public domain material being the result of dedication.
"If, upon viewing a work, you see words such as "This work is
dedicated to the public domain," then it is free for you to use.
That's because sometimes an author deliberately chooses not
to protect a work and dedicates the work to the public. This
type of dedication is rare and unless there is express authorization
placing the work in the public domain, do not assume that the work
is free to use. For example, many people mistakenly assume that
shareware and freeware are in the public domain.
An additional concern is whether the person making the dedication
has the right to do so. Only the copyright owner can dedicate
a work to the public. Sometimes, the creator of the work is not
the copyright owner and does not have authority. If in doubt,
contact the copyright owner to verify the dedication. Information
about locating copyright owners is provided in Chapter 13."
The above quote, taken from the book "Getting Permission: How
to License & Clear Copyrighted Materials Online & Off" by Attorney
Richard Stim, does not really answer your question.
Since the above quote mentions that dedications are rare, this
may be the first time someone has attempted to rescind their
dedication, and it has not been ruled upon by the courts. But
my theory is this: If you have a copy of the original material,
and it states or says it is dedicated to the public domain, the
courts might say you have the right to copy/reproduce the
material; otherwise, you do not have the right to copy/reproduce
the material. However, the courts may also say: if you have
been officially notified the works are now copyrighted, you
no longer have the right to copy/reproduce the material.
It is also possible, but highly unlikely, the copyright office might
reject any copyright applications by the original author(s) or
"owner(s)".
Contract law might give a clue as to how the courts might rule.
If one party gives something of value to another party, without
receiving financial consideration, what conditions or circumstances
can the giving party require the receiving party to return/revoke
the property/service/right/etc; especially if the gift is in writing
and there is no mention of returning/revoking the property/
service/right/etc?
If I grant you the right to live in my house for free, surely I have
the right to revoke your right at anytime of my choosing and due
notification is given to you. If you refuse to leave, I will probably
have to go through the eviction process (bring a claim of copyright
infringement against you).
But then again, I am not an attorney.