Re: Copyright

[elkahn <elkahn...>]

There's currently a court challenge (I believe in New Hampshire) to the
1998 extension to life + 70. The challenge is based on the constitutional
premise that copyright exists for the common good of the culture and that
keeping so much stuff out of public domain for so long seriously inhibits
a common culture from developing.

Stay tuned.

Incidentally, I was under the impression that ASCAP and BMI gave up
certain blanket licensing agreements in restauraunts as a compromise to
Congress to get the Life + 70 extension. Any body know anything about
this? Simon?

Eliott Kahn


On Mon, 24 May 1999 meydele (at) ix(dot)netcom(dot)com wrote:

> Sorry, Reyzl, copyright law is not that simple.  The key for determining the 
> duration of the 
> copyright is when and where the work was created.  
> 
> First issue:  was the work created in the US or registered for copyright in 
> the US?  In other 
> words, which country's law applies in providing basic copyright protection?  
> Until recently, 
> European copyright laws were more expansive than those in the US.  Recent 
> changes in the law 
> (1978 and after) have brought the US closer to the European laws.  If the 
> work was created in 
> the US, it will be subject to US laws.  If created elsewhere but a 
> translation, adaptation or 
> other derivative work will be created in the US, you need to look at how the 
> US treats the work 
> under its copyright treaties.
> 
> Second issue:  WHEN was the work first created.  The US copyright law now 
> sets forth a confusing 
> set of different rules for different works created at different times.  
> Duration of copyright is 
> also influenced by whether the work was created by a person, individually or 
> jointly, or by a 
> corporation.  The 1998 Copyright Extension Act changed the length of 
> copyrights. The basic rule 
> is now LIFE (of the author) PLUS 70.  However, certain work created before 
> 1978 may be covered 
> by copyright for 120 years, some for 95.  Other works created before 1978 may 
> already be in the 
> public domain.
> 
> Sorry.  There just isn't one simple answer.  The overview which appears at 
> http://www.nolo.com/ChunkPCT/PCT.index.html is clear and correct.  An easy to 
> use site which 
> provides copies of the Copyright Law (17 USC 101 et seq.)is 
> http://www4.law.cornell.edu/topics/copyright.html (be sure to check 
> amendments if you look at 
> the actual statute!!).
> 
> Shira Lerner 
> 
> 
> 
> 
> 

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