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Persistence of Copyright

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Persistence of Copyright
Post by Fox2!   » Sun May 29, 2016 4:13 pm

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In the year 1920 PD, is a certain mouse still copyrighted?

Is the most evil transtellar not Technodyne, nor Axelrod, nor even Manpower, but WDE (Successors)(Pty) LTD?
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Re: Persistence of Copyright
Post by JohnRoth   » Sun May 29, 2016 9:37 pm

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Fox2! wrote:In the year 1920 PD, is a certain mouse still copyrighted?

Is the most evil transtellar not Technodyne, nor Axelrod, nor even Manpower, but WDE (Successors)(Pty) LTD?


Heh.

They'd have to rewrite the entire basis of intellectual property rights in literary properties for that to be possible. In reality, I don't think so. There are already people who are pointing out that "life of author plus 70 years" violates the spirit of the copyright clause in the US Constitution, which says: "for a limited time."

What Disney is really afraid of is someone doing "Brokeback Willie."
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Re: Persistence of Copyright
Post by Weird Harold   » Sun May 29, 2016 10:32 pm

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JohnRoth wrote:
Fox2! wrote:In the year 1920 PD, is a certain mouse still copyrighted?

Is the most evil transtellar not Technodyne, nor Axelrod, nor even Manpower, but WDE (Successors)(Pty) LTD?


Heh.

They'd have to rewrite the entire basis of intellectual property rights in literary properties for that to be possible. In reality, I don't think so.


Nah. WDE re-releases new editions with a new copyright every so often and can keep doing that virtually forever.

The big problem would be maintaining copyright enforcement over interstellar distances after the diaspora but before warshawski sails and relatively safe interstellar travel.
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Answers! I got lots of answers!

(Now if I could just find the right questions.)
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Re: Persistence of Copyright
Post by Fox2!   » Sun May 29, 2016 10:56 pm

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Weird Harold wrote:
The big problem would be maintaining copyright enforcement over interstellar distances after the diaspora but before warshawski sails and relatively safe interstellar travel.


Isn't that what Perlenmann, the Callisto administrator, was doing in "By the Book"? Clandestinely putting "Easter Eggs" of the "Great Books" the Green/Neo-Luddite government on Earth didn't approve of into the mass storage of the outbound cryoships? Who knows, there may have been copies aboard Jason or the Grayson's ship.
Last edited by Fox2! on Sun May 29, 2016 11:06 pm, edited 1 time in total.
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Re: Persistence of Copyright
Post by darrell   » Sun May 29, 2016 10:58 pm

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Weird Harold wrote:
JohnRoth wrote:Heh.

They'd have to rewrite the entire basis of intellectual property rights in literary properties for that to be possible. In reality, I don't think so.


Nah. WDE re-releases new editions with a new copyright every so often and can keep doing that virtually forever.

The big problem would be maintaining copyright enforcement over interstellar distances after the diaspora but before warshawski sails and relatively safe interstellar travel.


Copy-write, trademark and patent law varies from country to country. In the case of copyright, in the US there are two types of copyright, one is good for 17 years, the other is good for 50 years.

That means that the original copyright for mickey mouse ran out more than 30 years ago, but trademarks can be renewed, (which disney does) copyrights and patents usually can not.

As far as the famous mouse, as a copyright is only good for 50 years, the copyright on the film "steamboat" mickey has expired 30 years ago, anyone can use it and Disney can't do anything about it.

As far as re-releases, if a film is re-released, each releases version is only good for 50 years.
therefore, Disney can't stop you from using the original version after 50 years are up, even though it is less than 50 years since the re-release.
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Re: Persistence of Copyright
Post by Fox2!   » Sun May 29, 2016 11:11 pm

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JohnRoth wrote:
What Disney is really afraid of is someone doing "Brokeback Willie."


Or a hentai version of Snow White?
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Re: Persistence of Copyright
Post by kzt   » Sun May 29, 2016 11:30 pm

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darrell wrote:Copy-write, trademark and patent law varies from country to country. In the case of copyright, in the US there are two types of copyright, one is good for 17 years, the other is good for 50 years.

That means that the original copyright for mickey mouse ran out more than 30 years ago, but trademarks can be renewed, (which disney does) copyrights and patents usually can not.

No, that is totally wrong.

http://www.copyright.gov/help/faq/faq-d ... l#duration

How long does a copyright last?
The term of copyright for a particular work depends on several factors, including whether it has been published, and, if so, the date of first publication. As a general rule, for works created after January 1, 1978, copyright protection lasts for the life of the author plus an additional 70 years. For an anonymous work, a pseudonymous work, or a work made for hire, the copyright endures for a term of 95 years from the year of its first publication or a term of 120 years from the year of its creation, whichever expires first. For works first published prior to 1978, the term will vary depending on several factors. To determine the length of copyright protection for a particular work, consult chapter 3 of the Copyright Act (title 17 of the United States Code). More information on the term of copyright can be found in Circular 15a, Duration of Copyright, and Circular 1, Copyright Basics.


Do I have to renew my copyright?
No. Works created on or after January 1, 1978, are not subject to renewal registration. As to works published or registered prior to January 1, 1978, renewal registration is optional after 28 years but does provide certain legal advantages. For information on how to file a renewal application as well as the legal benefit for doing so, see Circular 15, Renewal of Copyright, and Circular 15a, Duration of Copyright.
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Re: Persistence of Copyright
Post by darrell   » Mon May 30, 2016 3:22 am

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kzt wrote:
darrell wrote:Copy-write, trademark and patent law varies from country to country. In the case of copyright, in the US there are two types of copyright, one is good for 17 years, the other is good for 50 years.

That means that the original copyright for mickey mouse ran out more than 30 years ago, but trademarks can be renewed, (which disney does) copyrights and patents usually can not.

No, that is totally wrong.

http://www.copyright.gov/help/faq/faq-d ... l#duration

How long does a copyright last?
The term of copyright for a particular work depends on several factors, including whether it has been published, and, if so, the date of first publication. As a general rule, for works created after January 1, 1978, copyright protection lasts for the life of the author plus an additional 70 years. For an anonymous work, a pseudonymous work, or a work made for hire, the copyright endures for a term of 95 years from the year of its first publication or a term of 120 years from the year of its creation, whichever expires first. For works first published prior to 1978, the term will vary depending on several factors. To determine the length of copyright protection for a particular work, consult chapter 3 of the Copyright Act (title 17 of the United States Code). More information on the term of copyright can be found in Circular 15a, Duration of Copyright, and Circular 1, Copyright Basics.


Do I have to renew my copyright?
No. Works created on or after January 1, 1978, are not subject to renewal registration. As to works published or registered prior to January 1, 1978, renewal registration is optional after 28 years but does provide certain legal advantages. For information on how to file a renewal application as well as the legal benefit for doing so, see Circular 15, Renewal of Copyright, and Circular 15a, Duration of Copyright.


The 1978 change only applies to books and movies copyrighted in the US on or after 1978. books and movies copyrighted before 1978 retain the 50 year term, the law is not retroactive.

I own a part time business that copies VCR tapes to DVD, and copyright law means that in 2016 I can't copy a VCR tape if the movie was copyrighted after 1966, but I can legally copy a movie if it was copyrighted in 1965 or earlier, (51 years) even if the author is still alive.

The life of the author plus 70 years term will not affect what a business can legally copy for another 12 years, at which time there will be no new material finishing it copyright protection for the next 20 years. (2028-2048)

Note: As a private citizen you do have the right to make backup copies, as long as you do not give or sell those copies to others.
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Re: Persistence of Copyright
Post by kzt   » Mon May 30, 2016 3:37 am

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darrell wrote:The 1978 change only applies to books and movies copyrighted in the US on or after 1978. books and movies copyrighted before 1978 retain the 50 year term, the law is not retroactive.

I own a part time business that copies VCR tapes to DVD, and copyright law means that in 2016 I can't copy a VCR tape if the movie was copyrighted after 1966, but I can legally copy a movie if it was copyrighted in 1965 or earlier, (51 years) even if the author is still alive.

Nope. The Mouse House has really excellent lobbyists.

http://www.copyright.gov/circs/circ15a.pdf

Automatic Extension for Works in Renewal Term
Works originally copyrighted after 1922 and renewed before
1978. These works were automatically given a longer copy-
right term. Copyrights that had already been renewed and
were in their second term at any time between December 31,
1976, and December 31, 1977, inclusive, do not need to be
renewed again. They have been automatically extended to
last for a total term of 95 years (a first term of 28 years plus a renewal term of 67 years) from the end of the year in which hey were originally secured. For more information about renewal of copyright, see Circular 15,
Renewal of Copyright
.
Copyright Extensions before 1976 Act
Before passage of the 1976 Copyright Act, Congress enacted a series of nine acts that provided interim extensions for works whose copyright protection began between September 19, 1906, and December 31, 1918, if they were in their renewal terms. Without these interim extensions, copyrights commencing during that time would have expired after 56 years, at the end of their renewal terms, between September 19, 1962, and December 31, 1976.

Example: A work that first secured federal copyright pro-
tection on October 5, 1907, and was renewed in 1935, would
have fallen into the public domain after October 5, 1963. The first act extended the copyright to December 31, 1965; the second act extended it to December 31, 1967; the third act extended it to December 31, 1968; the fourth act extended it to December 31, 1969; the fifth act extended it to December 31, 1970; the sixth act extended it to December 31, 1971; the seventh act extended it to December 31, 1972; the eighth act extended it to December 31, 1974; the ninth extended it to December 31, 1976; and the 1976 Copyright Act extended the copyright through the end of 1982 (75 years from the end of the year in which the copyright was originally secured).
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Re: Persistence of Copyright
Post by jchilds   » Mon May 30, 2016 3:44 am

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What happens if you toss cloning/clone heirs into the mix with respect to copyright? Could the evil corporate lawyers somehow manage a situation where WDE has a living WD able to assert that copyright in the 20th century PD?
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