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Opening the Public Doman to Orphan Books
InklingBooks writes "In the late 1990s, when Hollywood paid an all-too-willing Congress to extend copyright terms to 90 years, an existing problem grew much worse. Many out-of-print books, including some SciFi classics, became orphans. Though still "protected" by copyright, there was no one around who could give legal permission to publish them. Their author were dead, and it was expensive and often impossible to find out who (if anyone) now owned their literary estates. Fortunately, the Copyright Office is now taking comments on how the law might be changed. See Orphan Works."
Yeah I see your idea, of mandatory registration, but I think that has already been rejected as unworkable. First of all, it's not very egalitarian -- a big corporation would have a much easier time maintaining compliance than the small fry author or developer. The corp can have people devoted to getting stuff registered and keeping it registered.
Yes copyright is to protect the individual and it is also to make sure the public domain is enriched (at least that's the original idea). But if someone creates something I don't care how much legal knowledge they have about getting things registered, or whether they have cash for the fee. They created it, give them some protection automatically. It's the right thing to do.
On the other hand how can we know if the work is abandoned/orphaned if no one registers or renews their copyright? Well if it makes lots of dough, then registration/renewal becomes feasible and important. But before that time, it's too much of a gamble to go to the trouble. Most creative works aren't worth much of anything in cash value.
So I'm suggesting that maintain automatic protection as we have it now, but shorten the term. Then require registration, but not at the risk of all-out losing copyright protection. That's the old system, and it's already been rejected, for good reason. There needs to be balance somewhere, and that's what I was suggesting.
Similar to the Canadian system, but the escrow account for 'fees' in cast of a legal challenge is a bad idea I think.
-- John.
The point of the idea is you would HAVE to register.
The problem with this idea is that it directly conflicts with the Berne Convention (i.e. international copyright law). The Berne convention specifically prohibits any formality as a condition to the "enjoyment and exercise" of copyright.
In order to make your suggestion credible, you'll have to argue the benefits of the US abandoning the primary international convention on copyrights. Not that there aren't strong arguments for doing exactly that, but be aware that there are also strong arguments for remaining in compliance with the Berne convention. Primarily, we can ask that people in other countries be held to those international laws that we also respect.
Regards,
Ross
Get Nolo's books on LLC's and making your own corporation, and look up "Piercing the Corporate Veil", that's the phrase they use.
In actuality, it's a pretty good protection IF you follow the rules.
One of the rules is to adquately fund the LLC. In Texas LLC's have to have at least $1,000.
The U.S. is obligated by international treaty to a minimum copyright period - I'm thinking it is 28 years?
1971 Berne Convention says protection extends 50 years from the 1st Jan after the authors's death (for books anyhoo). WIPO (the 1996 update) does not change the term of duration, except for photographic works. (that's photos, not movies BTW)
The current extended duration is an extension produced by private agreement between several member states, as provided for in section 20 of the convention, but are not international law in as much that they are not accorded international treaty status.
Basially put it's 50 years after the death of the author at a minimum, but the US isn't strictly adhering to the Berne Convention anyway.
--
Looks like a hole a mile wide here. A Derivative work would only apply to a commentary on the subject and only to the original portions. Under fair use, I can use a sample of a work, be it a bit of text or picture or sound in context with building an arguement or acting in a journalistic fashion and reporting about it. Since I am not using the whole of it, it's fair use. I could use part of your comment thus;
"your own unrestricted copy of a PD text" - CaptainCheese (724779)
that would be fair use. but to use it without CaptainCheese (724779) it would be clear plagerism. If I were to copy the full funtionally unedited text of your post (I won't), then bracket it with text about where it came from then would I now be the possessor of the text's copyright? It's like saying a photocopy becomes a legal copyright, simply by making a copy.
On your second statement, A demand for a pure source like a untainted copy of the original is comical. It's like demanding a printer who makes bibles to obtain a copy of a Gutenberg original, or maybe even a scroll from the 1st century.
All they did was to copy the text into another form and effectively transmit it. Were I to walk into a Metallica concert and tape it I would be violating their copyright but if instead of recording it I used a transmitter and had a receiver record it elsewhere would that make it legally mine? This is not a copyright, it's pillage or in this case graverobbing.
Since in this case the subject work is about a vampire it's rather funny.
Sorry about the writing. Robot fingers, you know? Cliff Steele in DOOM PATROL #23
1) Get your hands on an original - not the 1970 version
:o) and wouldn't mind copyright periods to be shortened to say 25 years from date of first publication, and then some sort of percentage royalty scheme from the gross made from the selling of your work by others for a period of 25-75 years after the copyright expiration date. Possibly 5% of the gross.
;o)
2) Type it in
3) You have a piece of work you can distribute freely
The university might have certain rights to the work they have typed in, however following steps 1 - 3 and you are in the clear
IANAL - I am an author
A win win situation for us authors who suck at marketing and for all the distributers out there who could make money by selling, and all ya others could share our work freely thus ensuring our digital immortality
Take care everyone!