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Congress can copyright public domain wks

Songwronger 19 Jan 12 - 06:07 PM
Sandra in Sydney 19 Jan 12 - 07:13 PM
Q (Frank Staplin) 19 Jan 12 - 07:26 PM
dick greenhaus 19 Jan 12 - 08:01 PM
Artful Codger 19 Jan 12 - 10:33 PM
artbrooks 19 Jan 12 - 10:38 PM
GUEST,leeneia 20 Jan 12 - 12:03 PM
EBarnacle 20 Jan 12 - 12:27 PM
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Subject: Congress can copyright public domain wks
From: Songwronger
Date: 19 Jan 12 - 06:07 PM

I wonder how this will affect traditional music?

Supreme Court rules Congress can re-copyright public domain works

Congress may take books, musical compositions and other works out of the public domain, where they can be freely used and adapted, and grant them copyright status again, the Supreme Court ruled Wednesday.

In a 6-2 ruling, the court ruled that just because material enters the public domain, it is not "territory that works may never exit." (PDF)

The top court was ruling on a petition by a group of orchestra conductors, educators, performers, publishers and film archivists who urged the justices to reverse an appellate court that ruled against the group, which has relied on artistic works in the public domain for their livelihoods.

They claimed that re-copyrighting public works would breach the speech rights of those who are now using those works without needing a license. There are millions of decades-old works at issue. Some of the well-known ones include H.G. Wells' Things to Come; Fritz Lang's Metropolis and the musical compositions of Igor Fyodorovich Stravinsky....


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Subject: RE: Congress can copyright public domain wks
From: Sandra in Sydney
Date: 19 Jan 12 - 07:13 PM

all titles quoted originally came from other countries? Not just those which originated in USA??


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Subject: RE: Congress can copyright public domain wks
From: Q (Frank Staplin)
Date: 19 Jan 12 - 07:26 PM

The ruling brings the U. S. in line with other countries who follow the Bern Convention and the Uruguay round of recommendations.

In brief, Copyright is extended to foreign works once in public domain under U.S. regulations. These works already are under protection elsewhere under the conventions mentioned. The Washington Post article (Robert Barnes, Jan. 18) is shorter and more understandable.


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Subject: RE: Congress can copyright public domain wks
From: dick greenhaus
Date: 19 Jan 12 - 08:01 PM

Who gets the royalties?


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Subject: RE: Congress can copyright public domain wks
From: Artful Codger
Date: 19 Jan 12 - 10:33 PM

Do-nothing scions or megacorporations who had sod-all to do with the creation of the works, of course.


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Subject: RE: Congress can copyright public domain wks
From: artbrooks
Date: 19 Jan 12 - 10:38 PM

From the article linked by the OP:

For a variety of reasons, the works at issue, which are foreign and produced decades ago, became part of the public domain in the United States but were still copyrighted overseas. In 1994, Congress adopted legislation to move the works back into copyright, so U.S. policy would comport with an international copyright treaty known as the Berne Convention.


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Subject: RE: Congress can copyright public domain wks
From: GUEST,leeneia
Date: 20 Jan 12 - 12:03 PM

Thanks, artbrooks. Another terrifying mountain turns out to be a little old molehill.


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Subject: RE: Congress can copyright public domain wks
From: EBarnacle
Date: 20 Jan 12 - 12:27 PM

Now, if only there were a single patent law for the world...


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