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Congress can copyright public domain wks

19 Jan 12 - 06:07 PM (#3293079)
Subject: Congress can copyright public domain wks
From: Songwronger

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....


19 Jan 12 - 07:13 PM (#3293114)
Subject: RE: Congress can copyright public domain wks
From: Sandra in Sydney

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


19 Jan 12 - 07:26 PM (#3293117)
Subject: RE: Congress can copyright public domain wks
From: Q (Frank Staplin)

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.


19 Jan 12 - 08:01 PM (#3293133)
Subject: RE: Congress can copyright public domain wks
From: dick greenhaus

Who gets the royalties?


19 Jan 12 - 10:33 PM (#3293159)
Subject: RE: Congress can copyright public domain wks
From: Artful Codger

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


19 Jan 12 - 10:38 PM (#3293160)
Subject: RE: Congress can copyright public domain wks
From: artbrooks

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.


20 Jan 12 - 12:03 PM (#3293415)
Subject: RE: Congress can copyright public domain wks
From: GUEST,leeneia

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


20 Jan 12 - 12:27 PM (#3293434)
Subject: RE: Congress can copyright public domain wks
From: EBarnacle

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