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How long do copyrights last?


lewmur

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In a previous post I complained about "Happy Birthday" still being copy protected over a hundred years after it was written. But now that seems paltry. According to this article, the Italian govt is claiming it has a copyright on Michael Angelo's "David" which dates to 1504!!!

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V.T. Eric Layton

http://www.copyright.gov/help/faq/faq-duration.html

 

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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In Canada it's 50 years after the author's death (revisions to the Act made 1999) but any author who died between 1949 and 1999 got the copyright extended out to 2049.

It's crazy really. Philip Gibbs was an English writer and journalist who died in 1962 so in theory any of his stuff published in Canada should be copyrighted till the middle of this Century - in spite of the fact that he wrote some of it over 100 years ago. I have noticed that a couple of Gibbs' World War 1 books are on Project Gutenberg so they must be out of copyright somewhere.

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V.T. Eric Layton

How long do copyrights last?

 

Way too long!

 

I don't agree. I think one's own personal output, be it literary, artistic, musical, whatever, should remain their own forever; even allowing for bequeathing of rights to heirs. What's mine is MINE and should remain mine, until I (or an heir) choose otherwise.

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Well Dickens is down to his 4th great grandkids now, and has been in his grave for 144 years - so frankly I don't see that maintaining a permanent copyright on "A Tale of Two Cities" will benefit anybody but the legal beagles. And that's for a timeless classic novel. For every one like that there are a hundred others that are of more limited interest and would just disappear from view if the copyright were enforced forever. Better to let it expire and then classic book publishers can reissue the books if they want or Project Gutenberg can make them available to a wide Internet audience. FWIW Dickens had zero copyright protection outside the UK in the 1850s, and had to make money in the US by lecture tours where he read his works aloud.

Dickens' contemporary Anthony Trollope was a comparative hack, but his novels are fun and give a detailed view of the other side of Victoriana - namely the establishment. I really doubt that Trollope's complete works would be as widely available today if the copyright on them were still in force. Too expensive for what you'd get in return.

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I don't agree. I think one's own personal output, be it literary, artistic, musical, whatever, should remain their own forever; even allowing for bequeathing of rights to heirs. What's mine is MINE and should remain mine, until I (or an heir) choose otherwise.

Do you also agree with the stupid courts that corporations are people as far as copyright ownership goes?

Please say no, even if you do! :'(

Edited by amenditman
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I don't agree. I think one's own personal output, be it literary, artistic, musical, whatever, should remain their own forever; even allowing for bequeathing of rights to heirs. What's mine is MINE and should remain mine, until I (or an heir) choose otherwise.

"Intellectual Property" is a fiction created by govts. If you don't want the public to have the use of your "art", then don't publish it. And you don't have any copyrights until you file for it with a GOVERNMENT.

 

There was no such thing as copyrights when Michael Angelo sculpted the "David". How can the Italian govt claim post facto rights to it?

 

You might want to read Thomas Jefferson's thoughts on copyrights.

Edited by lewmur
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Guest LilBambi

Copyright was invented by some governments to give a ''limited monopoly' to the creative producer.

 

What's yours would always still be yours. The difference is what others can do with the content after the limited monopoly time passes.

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And you don't have any copyrights until you file for it with a GOVERNMENT.

 

That may be the case out in the colony's but here in the civilised world,

 

https://www.copyrightservice.co.uk/copyright/p01_uk_copyright_law

 


  • Introduction
    Copyright law originated in the United Kingdom from a concept of common law; the Statute of Anne 1709. It became statutory with the passing of the Copyright Act 1911. The current act is the Copyright, Designs and Patents Act 1988.

 

  • Rights covered


  • The law gives the creators of literary, dramatic, musical, artistic works, sound recordings, broadcasts, films and typographical arrangement of published editions, rights to control the ways in which their material may be used.

  •  
    The rights cover; broadcast and public performance, copying, adapting, issuing, renting and lending copies to the public.

  •  
    In many cases, the creator will also have the right to be identified as the author and to object to distortions of his work.

  •  
    International conventions give protection in most countries, subject to national laws.

 


    1. When rights occur

    2. Copyright is an automatic right and arises whenever an individual or company creates a work. To qualify, a work should be regarded as original, and exhibit a degree of labour, skill or judgement.
      Interpretation is related to the independent creation rather than the idea behind the creation. For example, your idea for a book would not itself be protected, but the actual content of a book you write would be. In other words, someone else is still entitled to write their own book around the same idea, provided they do not directly copy or adapt yours to do so.
      Names, titles, short phrases and colours are not generally considered unique or substantial enough to be covered, but a creation, such as a logo, that combines these elements may be.
      In short, work that expresses an idea may be protected, but not the idea behind it.
    3. Who owns a piece of work
      Normally the individual or collective who authored the work will exclusively own the work and is referred to as the ‘first owner of copyright’ under the 1988 Copyright, Designs and Patents Act. However, if a work is produced as part of employment then the first owner will normally be the company that is the employer of the individual who created the work.
      Freelance or commissioned work will usually belong to the author of the work, unless there is an agreement to the contrary, (i.e. in a contract for service).
      Just like any other asset, copyright may be transferred or sold by the copyright owner to another party.
      Rights cannot be claimed for any part of a work which is a copy taken from a previous work. For example, in a piece of music featuring samples from a previous work, the copyright of the samples would still remain with the original author.
      Only the owner, or his exclusive licensee can bring proceedings in the courts.

    :breakfast:

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Guest LilBambi

Doesn't mean they can't continue to make money off their creations, it just means others can help them make money on them too by remixing, etc.

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the point is, a company spends millions or hundreds of millions of dollars creating a new... thing.

it may take a decade to sell enough of it to break even.

just as you need to eat, a company needs to profit to live.

 

Within reason. I think the Mickey Mouse example might be a bit excessive.

 

Adam

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A great number of modern inventions were being developed in several countries at the same time. Think how many improvements could have been made if all those folk swapped ideas freely.A great deal of time and money would have been saved thus reducing the cost of creating a working product. You would still need manufacturers for the goods. You would end up with hardly any monopolies which in my opinion would make for a better world.

 

:pirate:

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V.T. Eric Layton

Do you also agree with the stupid courts that corporations are people as far as copyright ownership goes?

Please say no, even if you do! :'(

 

Only people are people.

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I am all in favor of a person making a living from intellectual property but - when someone like Philip Gibbs has been dead for 50 years and stuff he wrote in 1921 is under copyright until 2049, there's something amiss.

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V.T. Eric Layton

Thank you, there is still hope that the human race will survive.

 

Not a chance. The virus has humanity in its sights. :ermm:

 

I am all in favor of a person making a living from intellectual property...

 

I'm not necessarily concerned with making money off my personal creations. I'm more concerned that OTHERS do not make money off my creations without my permission. That's what Copyright is supposed to be about, not greed.

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OK, maybe I will be playing the other side of this, but shouldn't the content owner have the say on when their work enters the public domain?

 

We may not like the choices some of the content owners, but my proposal also carries a death clause and no corporation could be a content owner.

 

Adam

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Guest LilBambi

Maybe you should read the history on copyright, who instituted it and why, and now long it was allowed from the beginning and where it's gone since then.

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