Hey, "Collectors,"
I had no idea that calling someone a "collector" was insulting.
Live and learn. At any rate, although the topic may be done and dusted,
I actually know something about copyright law, having been forced to
deal with it in several respects for many years. Before I start, let me
state I am not a lawyer, barrister, solicitor, or any creature of that
ilk, so, take my words as advice from one person to another. Check with
a legal professional before taking any action which might place you
afoul of the legal system, or copyright owners. That is a disclaimer.
Now, some random comments, in post-reverse order...
On Tue, 2007-01-30 at 21:35 -0800, Chuck Guzis wrote:
Such is the state of affairs as regards copyright. I
keep telling
myself that surely, this can't be what was intended by the
founding fathers. Consider that our national anthem was a
bald-faced ripoff of an English drinking society song.
First, there is no doubt whatsoever that "The Star-Spangled Banner"
was new words over a drinking song written in, ironically enough, 1776.
Read about it here:
http://www.colonialmusic.org/Resource/Anacreon.htm .
On the other hand, that was the normal practice of the time, and
"ripoff" doesn't really apply.
The Statute of Anne, 1710, is generally given as the first real
copyright law, although several similar laws and royal edicts had been
put in place previously. In essence, copyright law gives authors
exclusive rights to their works for a fixed period of time, and makes it
easy for them to enforce those rights, and obtain damages from those who
take their intellectual property. In exchange, after a period of time
(originally 14 years) with a possible renewal (originally also 14 years)
the work would pass into the public domain, meaning that it was owned
equally by everyone, and anyone could use it in any way they wished, as
if it were their own creation. The idea was that EVERYTHING would be in
the public domain, eventually, and authors would have a period of time
in which to reap the benefits of their efforts.
On Tue, 2007-01-30 at 21:09 -0500, Richard A. Cini wrote:
I think what happens is that if the publisher ceases
to exist
the copyright reverts to the author.
Ack! This is not true, and can land someone in court. Copyright
survives the death of the author, or the dissolution of any entity which
acquired copyright. Of course, it is possible to sell the copyright
with a proviso that the rights revert to the author upon the demise of
the person or entity purchasing them. When I wrote software for clients
who did not wish to purchase source code, I always included a clause
which allowed the client to arrange, and pay for, escrow storage, into
which I would place the source code. Upon my demise, or a year of my
refusal to maintain the software, the client could collect it, and get
someone else to work on it. So, one CAN put all sorts of odd clauses in
sales contracts, but they are not necessary. Failing such
sleight-of-hand, a sale of copyright is fee simple -- money goes one
way, all rights go the other, and the buyer no longer has the use of his
money, and the seller no longer has the use of his work.
On Tue, 2007-01-30 at 18:01 -0800, Fred Cisin wrote:
Assuming that something is public domain because YOU
can't find the owner is not valid.
Yes, that is quite accurate and succinct. However, I did get the
same information across, and was more verbose, to boot. <Grin> A
little thought shows why that would be... Infringing authors would
search for the copyright owners with all the diligence of O.J. Simpson
searching for the "real killers."
Peace,
Warren E. Wolfe
wizard at
voyager.net