[LINK] copyright question for you
Roger Clarke
Roger.Clarke at xamax.com.au
Sun Apr 29 18:37:05 AEST 2012
At 18:12 +1000 29/4/12, Richard Chirgwin wrote:
>Also, Gutenberg Australia has some notes specific to the local situation:
>http://gutenberg.net.au/submissions.html
>
>> 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.
I didn't think the act of 'publishing' was relevant.
This is (as usual) unnecessarily complex legislative drafting, but it
seems to be in line with what I thought:
http://www.austlii.edu.au/au/legis/cth/consol_act/ca1968133/s32.html
From a quick Google, see also:
http://www.acmi.net.au/PAML/toolbox/cr_exp.htm#5
_______________________________________________________________________
>On 29/04/12 6:01 PM, sylvano wrote:
>> The Gutenberg provides some info to help explore copyright reality...
>>
>> http://www.gutenberg.org/wiki/Gutenberg:Copyright_How-To
>>
>> IANAL
>> Sylvano
>>
>> 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 some is yet unpublished.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
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>
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--
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
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