Can a public speech be copyrighted or otherwise protected with regard to intellectual property ?? (with regard to Melania Trump’s speech before the Republican National Convention)
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Any text can be protected by copyright, as long as it has a fixed form. It is not completely obvious whether a fair use defense would succeed: the essentials are spelled out here. The most important consideration is non-commerciality and lack of impact on market and the purpose of the use, so the chances are slim that an infringement accusation would gain legal traction.
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So, for example, if I copyrighted the speech before giving it, and had marketed copies of the speech, then the material would be protected ?? – Gary's Student Jul 20 '16 at 15:53
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1@Gary'sStudent: Creative works are copyrighted and protected by copyright when created. – feetwet Jul 20 '16 at 16:31
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@feetwet ....... thank you ! ............... – Gary's Student Jul 20 '16 at 16:39
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All you have to do is record it in some form. You don't have to market it. – user6726 Jul 20 '16 at 17:16
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This is the right argument. Neither Michelle nor Melania stand to "make money" on the speeches. – Libra Jul 20 '16 at 20:55
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@TomAu That is not necessarily the case. Epic speeches like the Gettysburg address or Martin Luther King's "I have a dream" are regularly reprinted in book form for commercial publication. Admittedly it is unlikely that these speeches will have such lasting impact but you never know. – Dale M Jul 20 '16 at 22:11
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@DaleM: Let's just say that Melania made her speech for "non-commercial use," and parody.( I don't even want to vouch for Michelle.) I once ready about a court case where a candidate's opponent was allowed to "lift" the candidate's speech as a form of "parody;" arguably the case here, since Melania and Michelle are from opposite parties. – Libra Jul 20 '16 at 22:15