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

Thu Dec 20 13:50:01 UTC 2012

Peter B. Hirtle said

> Copyright was only restored in works that were not in the public
> domain in their home country as of 1 January 1996 (or the date of
> adherence to the Berne Convention or WTO, if later).
[...]
but, (correct me if I'm wrong). I think this  point produces confusion 
that is what copyright cartel wanted - ) this does not mean that works 
IN COPYRIGHT will be FOREVER IN COPYRIGHT.  A work that was  IN 
COPYRIGHT IN ITS SOURCE COUNTRY in 1996, once its copyright will expire 
  IN ITS SOURCE COUNTRY, will be in public domain also in USA

Let's make an example:

the works by *Stampini, Ettore (1855-1930)*

entered in public domain in Italy in 2000 [source country] (1930+70)=2000

from this date, Ettore Stampini's works are in PUBLIC DOMAIN WORLDWIDE, 
since in  SOURCE COUNTRY, copyright expired (following the right 
interpretation of GATT) [I'm especially referring to circular 38b by 
Copyright Office)
- http://www.copyright.gov/gatt.html

but, the confusion produced by superficial GATT READINGS, produced this 
reply by Hathitrust for this book

*Le Georgiche di Virgilio, commentate da Ettore Stampini*
- http://catalog.hathitrust.org/Record/008235250

"DUE TO THE GATT TREATY, THIS VOLUME IS IN THE PUBLIC DOMAIN IN ITALY 
AND OTHER PARTS OF THE WORLD, BUT NOT IN THE UNITED STATES. WE HAVE BEEN 
WORKING ON CONFIGURING OUR TECHNICAL SYSTEMS TO ACCOMMODATE THIS 
CIRCUMSTANCE, BUT SOME WORK IS REMAINING. I AM TOLD THAT WE SHOULD HAVE 
EVERYTHING IN PLACE IN LATE JANUARY OR EARLY FEBRUARY. AT THAT POINT, 
THIS VOLUME WILL BECOME AVAILABLE."

the statement *THIS VOLUME IS IN THE PUBLIC DOMAIN IN ITALY AND OTHER 
PARTS OF THE WORLD, BUT NOT IN THE UNITED STATES*

is wrong for me

since GATT rules cannot to be intended in this way, otherwise, we make 
GATT able to impose PERPETUAL COPYRIGHT ON WORKS WHOSE COPYRIGHT EXPIRED 
IN ITS SOURCE COUNTRY. that would be an absurdity and a thing out of 
scope of treatise (but probably in minds of copyright cartel)

For every author, every year, after the 1996, to decide if he/she/it is 
in public domain in USA, GATT says that we must look at copyright status 
in source country, and we will have two different cases

1 - in his source country, author is in copyright? He remains in 
copyright also in USA

2 - in his source country, author is out of copyright, so, is in public 
domain, and failing one of the requirements (that need to all satisfied) 
for copyright restoration, this author is in public domain also in USA

I'm not a lawyer, I repeat, but documentation about  GATT, and 
especially the Highlights of Copyright Amendments Contained in the URAA 
(circular 38b)
- http://www.copyright.gov/circs/circ38b.pdf

seem to me pretty clear, otherwise, we transform a law with its 
fundamentals and logic in a MONSTRUM IURIDICUM, that keeps away 
*forever* USA people from public domain works even if they are in PUBLIC 
DOMAIN

it is logical that copyright status needs to verified every year, as 
times goes by and cannot to be FIXED once and for all, since, as times 
goes by, a work enters in public domain

excuse me, for to be so verbose (shame to me if I'm wrong), Mr. Hirtle, 
you are surely wiser than me on this side