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

Rufus Pollock rufus.pollock at okfn.org
Wed Mar 9 19:41:26 UTC 2011 

Hi Aaron,

We're working to provided automated APIs for giving public domain status:

<http://publicdomainworks.net/api>

The source library:

<http://bitbucket.org/okfn/pdcalc>

We'd be delighted to have assistance :)

Rufus

On 9 March 2011 18:47, Aaron Dunn <aaron at musopen.org> wrote:
> 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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>> End of pd-discuss Digest, Vol 46, Issue 14
>> ******************************************
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