[pd-discuss] GATT copyright restoration rules misinterpreted by hathitrust? (and public domain remaining locked...)

Wed Dec 19 14:07:02 UTC 2012

Dear publicdomainers I have a question about  GATT COPYRIGHT RESTORATION 
RULES (that confuse so many people)

browsing the hathitrust catalog

I noted a book

Le Georgiche

by

Celso Ulpiani

without biographical data (birth and death date)

since I know that Celsio Ulpiani died in 1919

(Acquaviva Picena 1867 Italy - 1919)

according the most authoritative institute of Italian Encyclopedy whose 
online version is located here

http://www.treccani.it/enciclopedia/celso-ulpiani/

I informed hathitrust staff that this book is in public domain worldwide 
(author died 94 years ago)

I received a very quick reply by a gentle staff member and, few hours 
after this, another reply that said

"WE HAVE DETERMINED THAT, ALTHOUGH THIS BOOK BY CELSO USPIANI MAY NOW BE 
IN PUBLIC DOMAIN IN ITALY, IT IS NO LONGER IN PUBLIC DOMAIN IN THE 
UNITED STATES BECAUSE OF "GATT RESTORATION." BECAUSE WE DO NOT HAVE THE 
TECHNICAL CAPABILITY TO MAKE A BOOK AVAILABLE IN FULL VIEW OUTSIDE THE 
UNITED STATES WITHOUT MAKING IT AVAILABLE IN FULL VIEW IN THE UNITED 
STATES AS WELL, WE HAVE NO CHOICE BUT TO LEAVE IT IN LIMITED VIEW 
EVERYWHERE."

I was very surprised, reading this reply, I'm not a lawyer, but the 
terms of GATT COPYRIGHT RESTORATION seem to me, to say very different things

I would kindly explain why:

*circular 38b* by *US Copyright Office*
- www.copyright.gov/circs/circ38b.pdf

containing "Highlights of Copyright Amendments  Contained in the URAA"

under paragraph about

**Eligibility Requirements**

that need to be all satisfied, since if even a requisite is not
satisfied, the copyright cannot to be restored, in fact it says: *TO BE 
ELIGIBLE, A WORK MUST MEET ALL OF THE FOLLOWING REQUIREMENTS.* (and a
list of these requirements follows this statement)*

poses, amongst others, this condition:

in order to allow copyright restoration of a work, it is needed that:

*2  THE WORK IS NOT IN THE PUBLIC DOMAIN IN THE ELIGIBLE SOURCE COUNTRY 
   THROUGH EXPIRATION OF THE TERM OF PROTECTION.*

BUT

the works of Celso Ulpiani  (1867-1919)
- http://www.treccani.it/enciclopedia/celso-ulpiani/

are in PUBLIC DOMAIN in Italy (source country of author) [life + 70 
years after death], so in Italy, Celsio Ulpiani works entered in public 
domain in 1989, and cannot to be re-copyrighted abroad]

so, they cannot to be re-copyrighted following the GATT rules

so Hathitrust, in my opinion, is able open the works of this author
without any worries

I'm wrong? I hope some expert lawyer can read this message, it is a pity 
that public domain books remain locked due to misinterpretation of laws