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WHAT!?!? Supreme Court Says Congress May Re-Copyright Public Domain Works


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I'm on some serious cold medicine here and having a hard time finding the point of this decision. What are they trying to accomplish? And what will this mean for us?

 

Should I go download the Baldwin Project, Gutenberg, Bartleby, and AmblesideOnline before it is everlastingly too late?

 

Should I get my hands on a hard copy of the Federalist Papers?

 

When and where would anyone start with re-copyrighting PD stuff?

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My very rough understanding of this is that there are works which are still under copyright in their country of origin, but have been in the public domain in the U.S., and Congress would like to sign/uphold/something a treaty concerning this - so that we'd respect other country's copyrights as they would likewise respect ours. I'm actually in sympathy with this goal - I just don't understand what other potential applications there may be and if this is opening up a can of worms.

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So who gets to hold copyright on Shakespeare's collected works? Who's permission do we have to get to publish a new copy of Hamlet? Who do we pay royalties to? (Yes, I'm pretty sure that Shakespeare isn't on the list but...)

 

This could escalate into a pile of ridiculous nonsense. Imagine the fights in court between the potential heirs to a "literary" or other artistic fortune.

 

I'm a little concerned that this is putting a treaty above the Constitution. Another legal entanglement from what I understand.

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Could someone explain this:

 

The legislation, Breyer wrote, "bestows monetary rewards only on owners of old works in the American public domain.

 

to me?

 

I was under the assumption that works in the public domain have no owners. So who are these "owners" they are speaking of? Are they referring to American literature here, or only foreign works?

 

I think this legislation is dangerous, if it's as broadly written as it sounds.

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Could someone explain this:

 

 

 

to me?

 

I was under the assumption that works in the public domain have no owners. So who are these "owners" they are speaking of? Are they referring to American literature here, or only foreign works?

 

I think this legislation is dangerous, if it's as broadly written as it sounds.

Only foreign works that are still under copyright in their country of origin, I think. At least with this law/treaty.

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Only foreign works that are still under copyright in their country of origin, I think. At least with this law/treaty.

 

I truly hope so. Hopefully they don't leave it intentionally broad in order to allow Congress to make millions off of Walden or whatever a few years down the road.

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Something shady is going on here. According to wiki:

The Berne Convention states that all works except photographic and cinematographic shall be copyrighted for at least 50 years after the author's death

 

How can a work of H.G. Wells be in contention? He died in 1946; it has been well over fifty years since his death. Therefore, the Berne Convention has been satisfied, no?

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Something shady is going on here. According to wiki:

 

 

How can a work of H.G. Wells be in contention? He died in 1946; it has been well over fifty years since his death. Therefore, the Berne Convention has been satisfied, no?

It does say "at least", so that leaves it open to be copyrighted longer than 50 years after the creator's death; it just can't be *less* than 50 years.

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