[pd-discuss] pd-discuss Digest, Vol 46, Issue 14

Wed Mar 9 18:47:23 UTC 2011

Send me a message Elizabeth, Musopen might be able to help you automate what
you're working on.

Aaron
aaron at musopen.org

On Wed, Mar 9, 2011 at 7:54 AM, <pd-discuss-request at lists.okfn.org> wrote:

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> Today's Topics:
>
>   1. Re: PD help (Elizabeth Townsend-Gard)
>
>
> ----------------------------------------------------------------------
>
> Message: 1
> Date: Wed, 9 Mar 2011 09:54:35 -0600
> From: Elizabeth Townsend-Gard <townsend at tulane.edu>
> Subject: Re: [pd-discuss] PD help
> To: Public Domain discuss list <pd-discuss at lists.okfn.org>
> Message-ID:
>        <AANLkTim8F-do5zEn=v2h_zW6++xSsxx3B5oh0cPN6jb1 at mail.gmail.com>
> Content-Type: text/plain; charset="windows-1252"
>
> 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 C?te 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
> >
> >
> >
> >
> > _______________________________________________
> > 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
> >
> >
> > _______________________________________________
> > pd-discuss mailing list
> > pd-discuss at lists.okfn.org
> > http://lists.okfn.org/mailman/listinfo/pd-discuss
> >
> >
> >
> >
> >
> > _______________________________________________
> > 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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