Rev. Bill McGinnis, Director of makes the claim that because a first version of the "Letter From The Birmingham City Jail" published on May 1, 1963 without copyright notice by the American Friends Service Committee that as an open letter released to the public without copyright that it was by default, placed in the public domain. Therefore, when in April 1963, when Dr. King revised and published it with copyright notice, that copyright does not apply to any of the first-version text which had already entered into the Public Domain, only those parts which were new to the second version. The second version shows a date of "April 16, 1963," in the text, but that is the date of the handwritten original Public Domain first version, not the date of the copyrighted second version.
It is fairly clear that a work entered into the Public Domain cannot be later copyrighted (see http:///law_librarian_blog/2009/09/if-you-put-something-into-the-public-domain-can-you-later-take-it- and http:///articles/20090212/ ) However, it is not clear if his releasing the letter to the public in this manner did or did not place it in the public domain. Recent laws have made it such that nearly anything you write is automatically copyrigthed, but that law was not there in the 1960s.
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