[LINK] copyright question for you
rchirgwin at ozemail.com.au
Sun Apr 29 18:12:11 EST 2012
Also, Gutenberg Australia has some notes specific to the local situation:
> Under Australian copyright law, literary, dramatic, andmusical work
> published, performed, communicated, or recorded and offered for sale
> in an author's lifetime are, if the author died in or before 1954,
> protected for the life of the author plus fifty years from the end of
> the year of the author's death. Therefore, for a work to be in the
> "public domain" in Australia, it is only necessary that the author
> died in or before 1954 and that the work was published (not
> necessarily in Australia) during her/his lifetime.
This is important: "and offered for sale in an author's lifetime". For
something that was not published at the time of the author's death, I do
not know the copyright situation.
On 29/04/12 6:01 PM, sylvano wrote:
> The Gutenberg provides some info to help explore copyright reality...
> On 29/04/2012, at 5:38 PM, Roger Clarke<Roger.Clarke at xamax.com.au> wrote:
>> At 16:25 +1000 29/4/12, Kim Holburn wrote:
>>> I have a strange copyright question for those of you that might
>>> know. Someone wants to publish writings of someone who died in 1927
>>> with no descendants. Some of her work was published in 1985 and
>>> some is yet unpublished.
>>> As I understand it, (and IANAL) copyright starts from the moment a
>>> work is published, but it belongs to the author or the author's
>>> descendants. Does this apply even if the author died so long ago
>>> and what happens if the author had no descendants?
>>> Also this author is Australian and lived in Australia. Now if her
>>> work is going to be published in the UK how does that change things?
>> I wonder if copyright.com.au offers a ready-reckoner ...
>> IANAL and this simple answer is very probably *wrong* - but may help
>> tempt someone who actually knows what they're talking about to do the
>> sums (%-|}
>> 1. Whether there were descendants or not is irrelevant.
>> 2. Who the ownership vested in is irrelevant.
>> 3. Death of the author plus 50 years, at that time = 1977 expiry.
>> 4. Subsequent extension to 70 years not retrospective to that work.
>> So it's open for publication, i.e. 'in the public domain'.
>> Roger Clarke http://www.rogerclarke.com/
>> Xamax Consultancy Pty Ltd 78 Sidaway St, Chapman ACT 2611 AUSTRALIA
>> Tel: +61 2 6288 1472, and 6288 6916
>> mailto:Roger.Clarke at xamax.com.au http://www.xamax.com.au/
>> Visiting Professor in the Faculty of Law University of NSW
>> Visiting Professor in Computer Science Australian National University
>> Link mailing list
>> Link at mailman.anu.edu.au
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