Re: Copyright laws

From: Paul Murray (paul_at_murray.net)
Date: 06/20/04


Date: Sun, 20 Jun 2004 21:47:42 GMT

In article <arnBc.3194$dx3.25029@newsb.telia.net>, Inger E Johansson wrote:
> Paul,
> no that book isn't public domain in US nor in any other country when it
> comes to the question of being scanned and published on net. Sorry for you
> but you better talk to one of the Officials at your goverment about it, they
> will tell you that there have been several cases up already which show your
> assumptions not to be valid.

Does it even occur that you might be wrong?
The fact that there are entire institutions dedicated to doing what you say
is illegal, and what... no-one has noticed yet?

I'll say it again, the British Library is launching a 2 million pound scheme
to scan out of copyright newspaper articles and publish them on the web. Are
the breaking the law?

The French national library has thousands of scanned books online. Are they
breaking the law.

The link that *you published* says that works in the EU enter the public
domain 70 years after the death of the author.

>From the Project Gutenberg FAQ:

"C.7. What can I do with a text that is in the public domain?
Anything you want! You can copy it, publish it, change its format,
distribute it for free or for money. You can translate it to other languages
(and claim a copyright on your translation), write a play based on it (if
it's a novel), or a novelization (if it's a play). You can take one of the
characters from the novel and write a comic strip about him or her, or write
a screenplay and sell that to make a movie.

You don't need to ask permission from anyone to do any of this. When a text
is in the public domain, it belongs as much to you as to anyone.

(However, when some character or part of the work is also trademarked, as in
the case of Tarzan, it may not be possible to release new works with that
trademark, since trademark does not expire in the same way as copyright. If
you propose to base new works on public domain material, you should
investigate possible trademark issues first.)"

"C.10. What books are in the public domain?
Any book published anywhere before 1923 is in the public domain in the U.S.
This is the rule we use most.

U.S. Government publications are in the public domain. This is the rule
under which we have published, for example, presidential inauguration
speeches.

Books can be released into the public domain by the owners of their
copyrights.

Some books published without a copyright notice in the U.S. prior to March
1st, 1989 are in the public domain.

Some books published before 1964, and whose copyright was not renewed, are
in the public domain.

If you want to rely on anything except the 1923 rule, things can get
complicated, and the rules do change with time. Please refer to our Public
Domain and Copyright How-To at
<http://www.gutenberg.net/howtos/copyright-howto.shtml> for more detailed
information."

I've posted lots of sources which support my position.
The only source you've posted so far *also* supports my position.
Maybe you would like to post a link to some offical source which states that
an out of copyright work cannot be posted online. How about one of those
'several cases' you mentioned above?



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