 The Clarinet BBoard
|
Author: bmcgar ★2017
Date: 2014-04-10 14:13
How is it possible that a work in the public domain can once again be copyrighted, even if no changes or additions have been made?
B.
|
|
Reply To Message
|
|
Author: Paul Aviles
Date: 2014-04-10 14:42
I'm not sure about this at all but just noticed the Cavallini Caprices are "out of print" except for a Neidich addition that comes with CDs. Perhaps if the mateterial is somehow "packed" in a new way it can be co-opted.
I think there may be some easy money to made here.
hmmmmmmmm.............
................Paul Aviles
|
|
Reply To Message
|
|
Author: bmcgar ★2017
Date: 2014-04-10 19:09
Paul, maybe so.
DIBS ON ALL THE BEETHOVEN SYMPHONIES!
B.
|
|
Reply To Message
|
|
Author: Bruno
Date: 2014-04-10 19:13
My guess is that if the work in question is not presently protected by copyright and someone researches it, knows it and is there to grab it, it's fair game. Only a guess though.
Bruno>
|
|
Reply To Message
|
|
Author: GeorgeL ★2017
Date: 2014-04-10 19:18
The original work is still in the public domain (unless Congress passes a law and extends the copyright for a work).
Typically, the copyrighted version of a public domain work is a derivative work of the original. Only the changes to the work are protected by copyright.
See http://www.copyright.gov/circs/circ14.pdf for more information on derivative works. That citation includes the following:
"A work that has fallen into the public domain, that is, a work that is no longer protected by copyright, is also an underlying “work” from which derivative authorship may be added, but the copyright in the derivative work will not extend to the public domain material, and the use of the public domain material in a derivative work will not prevent anyone else from using the same public domain work for another derivative work."
|
|
Reply To Message
|
|
Author: fskelley
Date: 2014-04-10 19:52
So if you use the public domain piece later, you're clean so long as your performance or republication shows no evidence of the copyrighted changes. But if one little nuance slips in- you are dead meat.
(I suppose that in court you'd be trying to prove that you independently made the same change without having ever seen or heard the copyrighted one- and even if that were true I'm not sure it would do you any good. Copyright law and all that ilk can be pretty much evil, but we do need it. Just like how everybody hates lawyers until they need one.)
Stan in Orlando
EWI 4000S with modifications
|
|
Reply To Message
|
|
Author: bmcgar ★2017
Date: 2014-04-10 19:57
GeorgeL,
That's what I figured, and what I've understood to be true.
I was thrown by a reference, in another thread, to a Peter and the Wolf part from IMSLP (which I assumed, though I haven't looked, has expired for copyright) no longer being in the public domain, which seemed odd to me.
Thanks.
B.
|
|
Reply To Message
|
|
Author: Mark Charette
Date: 2014-04-10 21:39
The US became signatory to a treaty and the new agreement was applied retroactively. There are pros and cons to this ...
|
|
Reply To Message
|
|
Author: SteveG_CT
Date: 2014-04-11 06:33
rmk54 wrote:
> Look up "GATT Treaty" and the recent Supreme Court decision:
In addition to the GATT Treaty the infamous "Mickey Mouse Protection Act of 1998" bears much of the responsibility for current copyright term extensions. Don't be surprised if our politicians decide to tack an additional 20 years onto the copyright terms when some of the more lucrative copyrights start nearing expiration in the next few years (after receiving a few generous donations from the rights holders naturally).
|
|
Reply To Message
|
|
Author: Lelia Loban ★2017
Date: 2014-04-11 19:24
If you want to geek out in a major way with the convoluted and fascinating history of a major legal mess over the copyright law extention, go to the Free Sherlock website,
http://www.free-sherlock.com
Leslie Klinger, an attorney and also an editor and author of modern Sherlock Holmes stories, is suing the Conan Doyle Estate. He partially won this suit, but the estate appealed in March and the appellate decision hasn't come down yet.
Lelia
http://www.scoreexchange.com/profiles/Lelia_Loban
To hear the audio, click on the "Scorch Plug-In" box above the score.
|
|
Reply To Message
|
|
The Clarinet Pages
|
 |
.jpg){kind=small}
.jpg){kind=small}
.jpg){kind=small}
.jpg){kind=small}
.jpg){kind=small}
.jpg){kind=small}
