Ben Pfaff <[EMAIL PROTECTED]> writes: > [EMAIL PROTECTED] (Thomas Bushnell, BSG) writes: > > > John Hasler <[EMAIL PROTECTED]> writes: > > > > > The US government definitely is allowed to own copyrights. The > > > restriction > > > is on _enforcing_ their copyrights on works of which they are author. > > > > There are two ways to be the owner of a copyright. First, you can buy > > it from someone else (or otherwise get it by transfer). The US > > government can own copyrights this way. > > > > The second way is by writing something. The US government cannot own > > copyrights this way. But this is not a restriction merely on > > enforcement, rather, no copyright at all exists. > > > > As evidence, I cite the following, 17 USC 105: > > > > "Copyright protection under this title is not available for any work > > of the United States Government, but the United States Government is > > not precluded from receiving and holding copyrights transferred to it > > by assignment, bequest, or otherwise." > > The specific powers of the U.S. government listed there are > "receiving" and "holding". It does not mention "enforcing" or > "protecting", etc. Are those powers implied elsewhere?
There is no such thing as the ownership of a copyright absent the right to enforce it. Such enforcement *is* what the ownership is.
