[pd-discuss] PD help

Wed Mar 9 15:54:35 UTC 2011

We are working on it.  We should have an answer shortly.  We have all the
laws.  It's just not automated.  We need help!!!  This should be a
two-minute query.  But at the moment, humans are still involved.  If anyone
on this list has thoughts on how to automate our extensive research, I would
be very pleased to chat.  We should have another huge amount of research by
the end of the summer.

On Wed, Mar 9, 2011 at 9:22 AM, Peter B. Hirtle <pbh6 at cornell.edu> wrote:

> Right.  I believe the law old law was life + 75, so works from authors who
> died prior to 1928 are in the public domain – and remained there.  But I
> have to admit that I have not sat down and read the Mexican law, so my
> understanding may be based on what is in Wikipedia (always a dangerous
> proposition!).  Let’s hope someone who knows Mexican law speaks up – or that
> Elizabeth Townsend-Gard responds, since for her Durationater project, she
> has calculated the public domain in every country in the world.
>
>
>
> Peter
>
>
>
> *From:* Alberto Cerda [mailto:alberto at derechosdigitales.org]
> *Sent:* Tuesday, March 08, 2011 9:04 PM
> *To:* Peter B. Hirtle
> *Cc:* Public Domain discuss list
>
> *Subject:* Re: [pd-discuss] PD help
>
>
>
> If the law went into effect in 2003, but it has not retroactive effects, it
> didn´t affect the status of works already in the public domain.
> However, it may extend the term of those works which original terms of
> protection were still in force.
> It would be amazing if a Mexican colleague tell us about.
> A.
>
> On Tue, Mar 8, 2011 at 8:34 PM, Peter B. Hirtle <pbh6 at cornell.edu> wrote:
>
> My understanding is that the Mexican law went into effect in 2003, and it
> was not retroactive.  That would mean that only authors who died after 1928
> are eligible for the life + 100 term.
>
>
>
> Perhaps someone can confirm.
>
>
>
> Peter Hirtle
>
> Sent from my iPhone
>
>
> On Mar 8, 2011, at 5:29 PM, "Alberto Cerda" <alberto at derechosdigitales.org>
> wrote:
>
> Mmmm.... I think the Mexican copyright law provides protection to copyright
> holder for the author's life plus 100 years. To my knowledge, that is the
> longest term, but, unfortunately, I do not know since when that terms apply.
> A.
>
> On Tue, Mar 8, 2011 at 4:20 PM, Peter B. Hirtle <pbh6 at cornell.edu> wrote:
>
> Elizabeth, your comment makes me wonder…  Imagine that we wanted to know
> with certainty that a non-posthumously published work is in the public
> domain everywhere in the world.  What is the date before which everything
> must be in the public domain?
>
>
>
> I am guessing that it might be authors who died before 1911.  That would
> account for Côte d'Ivoire’s life + 99 year term, and it would also ensure
> that items that received a 99 year term from publication would also have
> expired copyrights (since I am limiting my question to non-posthumous
> works).  Is there anything earlier?
>
>
>
> Can we say with certainty that a non-posthumously published work authored
> by someone who died prior to 1911 is in the public domain everywhere in the
> world?
>
>
>
> Peter Hirtle
>
>
>
> *From:* pd-discuss-bounces at lists.okfn.org [mailto:
> pd-discuss-bounces at lists.okfn.org] *On Behalf Of *Elizabeth Townsend-Gard
> *Sent:* Tuesday, March 08, 2011 3:54 PM
> *To:* Public Domain discuss list
> *Subject:* Re: [pd-discuss] PD help
>
>
>
> What jurisidictions are you interested?
>
> On Tue, Mar 8, 2011 at 2:06 PM, Guibault, L. <L.Guibault at uva.nl> wrote:
>
> The composer is* Ralph Vaughan Williams* (born Down Ampney,
> Gloucestershire <http://nl.wikipedia.org/wiki/Gloucestershire>, 12 oktober<http://nl.wikipedia.org/wiki/12_oktober>
> 1872 <http://nl.wikipedia.org/wiki/1872> – died Londen<http://nl.wikipedia.org/wiki/Londen>,
> 26 augustus <http://nl.wikipedia.org/wiki/26_augustus> 1958<http://nl.wikipedia.org/wiki/1958>
> )
>
>
>
> On the basis of UK law, the duration of copyright in a work is calculated
> on the basis of the life of the author + 70 years from his death. See
> article 12 Copyright Patent Design Act 1988:
> http://www.legislation.gov.uk/ukpga/1988/48/section/12
>
>
>
> 12 Duration of copyright in literary, dramatic, musical or artistic works.
>
>
>
> (1)The following provisions have effect with respect to the duration of
> copyright in a literary, dramatic, musical or artistic work.
>
>
>
> (2)Copyright expires at the end of the period of 70 years from the end of
> the calendar year in which the author dies, subject as follows.
>
>
>
> (3)If the work is of unknown authorship, copyright expires—
>
>
>
> (a)at the end of the period of 70 years from the end of the calendar year
> in which the work was made, or
>
>
>
> (b)if during that period the work is made available to the public, at the
> end of the period of 70 years from the end of the calendar year in which it
> is first so made available,
>
>
>
> subject as follows.
>
>
>
> (4)Subsection (2) applies if the identity of the author becomes known
> before the end of the period specified in paragraph (a) or (b) of subsection
> (3).
>
>
>
> (5)For the purposes of subsection (3) making available to the public
> includes—
>
>
>
> (a)in the case of a literary, dramatic or musical work—
>
>
>
> (i)performance in public, or
>
>
>
> (ii)communication to the public;]
>
>
>
> (b)in the case of an artistic work—
>
>
>
> (i)exhibition in public,
>
>
>
> (ii)a film including the work being shown in public, or
>
>
>
> (iii)communication to the public;]
>
>
>
> but in determining generally for the purposes of that subsection whether a
> work has been made available to the public no account shall be taken of any
> unauthorised act.
>
>
>
> Since the identity of the author is known, the general rule applies. The
> publisher is therefore entitled to claim copyright protection on the work.
>
>
>
> Best regards,
>
>
>
> Lucie Guibault
>
>
>
> ________________________________________________
>
>
>
> Lucie Guibault
>
> Instituut voor Informatierecht
>
> Universiteit van Amsterdam
>
>
>
> Bezoekadres:
>
> Korte Spinhuissteeg  3, Kamer B2.17, Amsterdam
>
> Postadres:
>
> Kloveniersburgwal 48, 1012 CX Amsterdam, Nederland
>
>
>
> Tel: +31.20.525.3947
>
> Fax: +31.20.525.3033
>
> Email: L.Guibault at uva.nl
>
> Website: www.ivir.nl
>
>
>
> *Please note that I am not in the office on Mondays*
>
> ________________________________________________
> ------------------------------
>
> *From:* pd-discuss-bounces at lists.okfn.org [mailto:
> pd-discuss-bounces at lists.okfn.org] *On Behalf Of *Aaron Dunn
> *Sent:* dinsdag 8 maart 2011 20:56
> *To:* pd-discuss at lists.okfn.org
> *Subject:* [pd-discuss] PD help
>
>
>
> Musopen.org is about to launch a recording project to record and release a
> substantial set of music into the public domain. One of the pieces we are
> interested in is Lark Ascending by Vaughan Williams. I was wondering if
> anyone can help us definitively answer whether this piece is in the public
> domain or not.
>
>
>
> It seems it was composed in 1914, and published in 1925, so I would think
> that at that time copyrights were for the life of the piece not the
> composer, which should now have passed, yet Oxford publishing is claiming a
> copyright on the work. Anyone know why it would still be copywritten?
>
>
>
> Sincerely,
> Aaron
>
>
>
>
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>
>
>
>
> --
>
> Elizabeth Townsend Gard
> Associate Professor,
> Co-Director, Tulane Center for Intellectual Property Law and Culture, and
> Director, The Durationator(r) Software/Usable Past Project
> Tulane Law School
> Weinmann Hall
> 6329 Freret Street
> New Orleans, LA 70118-6231
> townsend at tulane.edu
> etownsendgard at gmail.com
> skype name:  elizabethtownsendgard
> www.durationator.com
> (504) 862 - 8822
>
>
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>
>
>
>
>
> _______________________________________________
> pd-discuss mailing list
> pd-discuss at lists.okfn.org
> http://lists.okfn.org/mailman/listinfo/pd-discuss
>
>

-- 

Elizabeth Townsend Gard
Associate Professor,
Co-Director, Tulane Center for Intellectual Property Law and Culture, and
Director, The Durationator(r) Software/Usable Past Project
Tulane Law School
Weinmann Hall
6329 Freret Street
New Orleans, LA 70118-6231
townsend at tulane.edu
etownsendgard at gmail.com
skype name:  elizabethtownsendgard
www.durationator.com
(504) 862 - 8822
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