Page 7 - Katten Kattwalk and Kattison Avenue - Winter 2026 - Issue 5
P. 7

by Gus Kahn), and the first
                                                                                        English translation of Just a
                                                                                        Gigolo. “Georgia on My Mind,”
                                                                                        particularly Ray Charles’
                                                                                        version, is famously used in
                                                                                        ESPN’s annual advertising
                                                                                        campaign for the Masters
                                                                                        Tournament.

                                                                                        Finally, a few of the notable
                                                                                        sound recordings that
                                                                                        have lost federal copyright
                                                                                        protection in the United
                                                                                        States include Marian
                                                                                        Anderson’s rendition of
                                                                                        Nobody Knows the Trouble I’ve
                                                                                        Seen, Yes Sir, That’s My Baby,
        Musical compositions — the musical notes and lyrics     recorded by Gene Austin, and Sweet Georgia Brown,
        that typically were published as “sheet music” —        recorded by Ben Bernie and His Hotel Roosevelt
        entered the public domain too. For example, I Got       Orchestra.
        Rhythm, which previously appeared in advertising,       Using public domain works for commercial purposes,
        including Toyota’s iconic “Oh! What a feeling”          especially creative elements that may be closely
        campaign in the 1980s, I’ve Got a Crush on You, But     associated with another brand and therefore may
        Not for Me, and Embraceable You, all of which were      be protected by trademark law, is not an entirely
        composed by George Gershwin with lyrics written         risk-free proposition. But with careful vetting and
        by his brother, Ira, are now freely usable. So are      a thoughtful intellectual property risk assessment,
        Georgia on My Mind (music by Hoagy Carmichael,          such works can become a treasure chest of creative
        lyrics by Stuart Gorrell), Dream a Little Dream of Me   advertising opportunities.
        (music by Fabian Andre and Wilbur Schwandt, lyrics





































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