It wouldn't be a state law, it would have to be a federal law, but
yeah, if/f/i/ when Congress extends the copyright period, it can and
will have the effect of yanking some works out of the public domain
and putting them back under copyright. Here's an example:
"Another factor that contributes to the shrinking public domain is the
Uruguay Round Agreements Act (URAA), an enormously complicated
international agreement (which implemented, among other things, the
General Agreement on Tariffs and Trade (GATT) and the World Trade
Organization.) Intellectual property issues are among the many items
the Act addresses, in particular copyright restoration. The Act
restores copyright in foreign works that had entered the public domain
in the U.S. (because of their failure to comply with certain
requirements of U.S. copyright law.)
"If you find term extension threatening because it slows the entry of
works into the public domain, consider that the URAA actually removes
works from the public domain. This is a frightening thought, and a
scary precedent. For cultural organizations, you can imagine the
nightmare scenarios this presents. Works they considered public domain
-- and used freely as a result -- are now protected by copyright and
their usage must cease or comply with the copyright holder's
requirements.
"What are some of the public domain properties that have had their
copyright restored thus far under this Act? I looked at the Copyright
Office's Web site, where the "notices of intent to enforce" copyright
under this Act are published. With just a very cursory look, I noted
works by writer Doris Lessing; by the documentary film maker Leni
Riefenstahl, including her famous "Triumph of the Will" with its
oft-shown footage of Hitler and the Nazi rally in Nuremberg; several
hundred works (in all media) by Pablo Picasso; works by writer J.R.R.
Tolkien, including "The Hobbit"; literally hundreds of foreign films;
and alas, the rock group "Cream's" goodbye concert film footage."
http://www.ninch.org/copyright/2000/chicagozorich.html
On 9/6/07, Jason Etheridge <phasefx_at_gmail.com> wrote:
> On 9/6/07, Ross Singer <ross.singer_at_library.gatech.edu> wrote:
> > Er, that seems strange. Wouldn't it make more sense that they're only
> > available to US citizens because Google is more familiar with US
> > Copyright law and hasn't gotten around to dealing with the
> > complexities of expanding that to other countries?
>
> Also, I believe some things that are in the public domain in the US
> may be copyrighted outside of the US. Recently, I came across
> something on planet code4lib that mentioned a (state?) law that lets
> material be taken back out of the public domain.... crazy.
>
> -- Jason
> http://esilibrary.com/
>
--
Sharon M. Foster, B.S., J.D. (but not practicing and not licensed), 0.58 * (MLS)
F/OSS Evangelist
Cheshire Public Library
104 Main Street
Cheshire, CT 06410
http://www.cheshirelibrary.org
My library school portfolio: http://home.southernct.edu/~fosters4/
My final project for ILS655, Digital Libraries:
http://www.vsa-software.com/ils655
Any opinions expressed here are entirely my own.
Received on Thu Sep 06 2007 - 14:10:13 EDT