Legal Status
Although the characters of Amos and Andy themselves are in the public domain, as well as the show's trademarks, title, format, basic premise, and all materials created prior to 1948 (Silverman vs CBS, 870 F.2d 40), the TV series itself is protected by copyright. CBS bought out Gosden & Correll's ownership of the program and characters in 1948 and the courts decided in the Silverman ruling that all post-1948 Amos 'n' Andy material was protected. All Amos 'n' Andy material created prior to 1948, such as episodes of the old radio show, is considered to be in the public domain. This does not include the TV series, which was produced much later and as such is protected under U.S. copyright law (per the Silverman decision). There are no official home video releases of Amos 'n' Andy as of this date; all are unlicensed bootlegs. In 1998, CBS initiated copyright infringement suits against three companies selling the videos and did issue a "cease and desist" order to a national mail-order outfit who offered various episodes on videocassettes, via late-night TV ads during the late '90s. Any official video/DVD release (if it ever does happen) will probably be handled via Paramount Home Entertainment/CBS DVD.
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