The Mudcat Café TM
Thread #117038   Message #2518324
Posted By: GUEST,Tom Bliss
17-Dec-08 - 05:40 PM
Thread Name: Tunes - their place in the tradition
Subject: RE: Tunes - their place in the tradition
Of course many works are out of copyright and still of known authorship - that is self-evident from the 70 year rule. But my statement "In Uk law, Anon = Traditional = Out of Copyright = in Public Ownership" is true.

Your statement: "Many works are traditional and of known authorship (or at least known publication) - therefore not "anon" is not, as I understand it (you're the lawyer!), a legal definition. In law, 'Traditional' has the same status as 'anon,' 'Out of Copyright' 'In public Ownership' and indeed 'public domain.' We are not legally obliged to recognise the creator - hence why we need a campaign to persuade people always to do so - because it matters for reasons other than legal ownership of the work in question.

I take your point about the implication of 'public domain', though I don't think there is any legal basis for that (does the Queen Anne Charter 1709 or the Copyright Act 1911 mention it)?

Obviously these terms don't mean the same thing in common parlance - specially not 'Traditional' which has a variety of sometimes contradictory meanings.

Tom