[pd-discuss] Question pd-discuss Digest, Vol 51, Issue 11

Tue Aug 30 20:40:13 UTC 2011

Thanks very much for this reference to the Jane Ginsburg article.  Copyright in "Night of the Living Dead" was never granted in the U.S. because of its failure to comply with formalities.  Copyright in the movie could have expired after 28 years in the rest of the world since U.S. copyright term at the time it was made was 28 years (though authors could apply for a second grant of copyright that would last 56 years).  I hadn't thought of the 50 year minimum term required by Berne, however.  It looks like it will be public domain in Berne countries in 2019 (1968+50).  

Peter

-----Original Message-----
From: pd-discuss-bounces at lists.okfn.org [mailto:pd-discuss-bounces at lists.okfn.org] On Behalf Of Angelopoulos, C.J.
Sent: Tuesday, August 30, 2011 9:39 AM
To: 'Public Domain discuss list'
Subject: Re: [pd-discuss] Question pd-discuss Digest, Vol 51, Issue 11

I don't think the rule of shorter term is relevant here. For starters, if I understand correctly, protection is not denied in the US because of expiry of the term of protection, but rather because of non-compliance with formalities. In the international context however depending protection on formalities conflicts with the Berne Convention. 

In any case, the rule of shorter term cannot permit a Berne member to grant a term of protection to foreign authors shorter than the minimum term set by Art. 7 Berne Convention (in the case of cinematographic works, 50 years from making available).

For further analysis, see here: http://www.mediainstitute.org/new_site/IPI/2010/081810.php

-----Original Message-----
From: pd-discuss-bounces at lists.okfn.org [mailto:pd-discuss-bounces at lists.okfn.org] On Behalf Of Peter B. Hirtle
Sent: maandag 29 augustus 2011 16:23
To: Public Domain discuss list
Subject: Re: [pd-discuss] Question pd-discuss Digest, Vol 51, Issue 11

Do movies not fall under the "rule of the shorter term" in Europe? Shouldn't an American movie that is in the public domain in the US also be in the public domain in Europe, regardless of the life+70 term? 

Peter Hirtle

-----Original Message-----
From: pd-discuss-bounces at lists.okfn.org [mailto:pd-discuss-bounces at lists.okfn.org] On Behalf Of Hartwig Thomas
Sent: Monday, August 29, 2011 6:47 AM
To: pd-discuss at lists.okfn.org
Subject: Re: [pd-discuss] Question pd-discuss Digest, Vol 51, Issue 11

In most EU jurisdictions the presence (or absence) of a copyright notice is irrelevant. It is equally irrelevant, whether a work is in the public domain according to another jurisdiction.
Only the explicit donation of the work by the rights owners (or a CC license) would be able to circumvent copyright protection until 70 years after the director's death.

Hartwig

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Sent: Saturday, August 27, 2011 1:00 PM
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Subject: pd-discuss Digest, Vol 51, Issue 11

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Today's Topics:

   1. Re: Film copyright law (Rufus Pollock)

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Message: 1
Date: Fri, 26 Aug 2011 16:37:31 +0100
From: Rufus Pollock <rufus.pollock at okfn.org>
Subject: Re: [pd-discuss] Film copyright law
To: Public Domain discuss list <pd-discuss at lists.okfn.org>
Message-ID:
	<CAEvtuKrydYwgo4PHduPgo=g4Dqx1uwO8psRs6YXMHN7umhF51Q at mail.gmail.com>
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I also thought Night of the Living had issues in the US due to the soundtrack not being PD.

Rufus

On 26 August 2011 14:25, Adam Green <adam.green at okfn.org> wrote:
>
> Hi, wondering if any lawyers might be able to help me out, I am need 
> to know whether Night of the Living Dead (1968) is in the public 
> domain in the EU. It is so in the US, because a copyright indication 
> was not on the prints. But unclear if this is also the case for other countries.
> Thanks,
> Adam
>
> --
> Adam Green
> Editor, The?Public Domain Review
> http://publicdomainreview.org/
> The Open Knowledge Foundation
> http://okfn.org/
>
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