[pd-discuss] public domain status for Giovanni Federzoni (29/08/1849 - 14/06/1923)

[Peter B. Hirtle]

In the United States, the answer is "it depends."

Works published by Federzoni prior to 1923 should be in the public domain.  I cannot find any evidence that any have been subsequently registered with the Copyright Office.

There were several works that I can find in catalogs that were published posthumously (after 1923).  I am assuming that these were still protected by copyright in Italy on 1 Jan. 1998, and so are protected in the U.S.  For example, "Raccoglimenti e Ricordi" was published in Bologna in 1935.  It will be protected in the U.S. until 1 Jan. 2031.  In theory, if one put it on a server in a country in which it is in the public domain but allowed access to it in the U.S., Federzoni's copyright heirs could sue in the U.S. for copyright infringement (much as French publishers are suing Google in France for scanning and delivery that is taking place in the U.S.).  Damages could be as high as $150,000 USD, plus the payment of attorney's fees.  

A different set of rules would apply to any of Federzoni's unpublished writings that were first published prior to 1 January 2003.  These, too, may still be protected by copyright.

Bottom line: when dealing with public domain in the U.S., death dates are only a small part of the story.  There are some documents that were written in the 1770s that are still protected by copyright in the U.S.!  To suggest that works written by people who died before a certain date are in the public domain is to do a disservice.

Peter B. Hirtle
Senior Policy Advisor
Digital Scholarship Services 
Cornell University Library
2B53 Kroch Library                              
Ithaca, NY  14853
peter.hirtle at cornell.edu
t.  607.255-4033 
f.  607.255-9524
http://vivo.cornell.edu/individual/vivo/individual23436



> -----Original Message-----
> From: pd-discuss-bounces at lists.okfn.org [mailto:pd-discuss-
> bounces at lists.okfn.org] On Behalf Of Ignasi Labastida i Juan
> Sent: Monday, May 30, 2011 8:56 AM
> To: Public Domain discuss list
> Subject: Re: [pd-discuss] public domain status for Giovanni Federzoni
> (29/08/1849 - 14/06/1923)
> 
> Hi,
> 
> His works are also in the PD in Spain (80 years after death for European
> authors died before Dec 1987)
> 
> Best
> 
> Ignasi
> 
> 2011/5/27  <dingodog at fastmail.fm>:
> > Hi to everybody!
> >
> > I'm adding several records to publicdomainworks database
> >
> > I'm insecure about public domain status regarding different countries
> >
> > Giovanni Federzoni (29/08/1849 - 14/06/1923)
> >
> > died more than 70 years ago (1923)
> >
> > so, his works are surely in public domain in Italy, France, Germany
> > and, generally speaking, in every country where laws say a works is in
> > public domain when  more than 70 years passed from author's death
> >
> > However, I don't know if Giovanni Federzoni's works are in public
> > domain in all countries of the world
> >
> > can you help me in determining public domain status in different
> > countries?
> >
> >
> >
> > --
> >
> >  dingodog at fastmail.fm
> >
> > --
> > http://www.fastmail.fm - Access your email from home and the web
> >
> >
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> >
> 
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