I haven't done anything with copyrights in a long time, but ... There was a
sea change in copyrights in about 1976 which required some action or loss of
copyright. Under the current law copyright attaches as of the moment of
creation but gets lost by failing to include the notice. Well, maybe not
lost if the right steps are taken after distribution without the notice. In
order to get the "good" damages (statutory damages and attorney's fees) an
author must register prior to the infringement. Without prior registration
an author is limited to actual damages and barred from attorney's fees.
Common law copyright was abrogated by the 76 law. 17 (or 18) years and a
renewal is patents, not copyrights. 28 years was the old law. I don't
remember the current terms, but life of the author plus 75 years for hu-mans
and 75 years for corporate entities rings a bell.
If there is no notice I think one is safe from serious trouble as actual
damages on any thing we had an interest in copying would be slight and a
dispute would probably be resolved by promising to stop. BL's death probably
no matter as copyrights were undoubtedly transferred to successor entities.
These thoughts apply to US only and I haven't done a copyright case in over
10 years so no warranties or representations.
Jim Altman jaltman@altlaw.com Illigitimi non Carborundum
http://www.altlaw.com/metro/jaltman.html 69-TR6 76-TR7 80-TR8 W4UCK
-----Original Message-----
From: owner-triumphs@autox.team.net
[mailto:owner-triumphs@autox.team.net]On Behalf Of Ken Gano
Sent: Friday, April 20, 2001 11:45 PM
To: Paul J. Burr; Douglas Frank; Triumphs
Subject: RE: who holds BL copyrights?
Just for grins, look over the document carefully. Many of the older
publications never claimed a copyright.
See 17 USC 304. It appears to be 28 years with the possibility of an
additional 67 year extension, but I would sure be willing to argue that if
the right was never claimed in the first instance it was voluntarily placed
in the public domain.
Bottom line, post it and see who complains. :) Sometimes it's easier to beg
forgiveness than it is to ask permission.
Kg
Doug:
I thought that copyrights expired after 18 years, and could only be renewed
a couple of times. Since BL is a non entitity, I can't see why anyone would
hassle you about scanning and posting this info. As long as there's no money
changing hands, there shouldn't be a problem.
Palul Burr
----- Original Message -----
From: "Douglas Frank" <frank@zk3.dec.com>
To: "Triumphs" <triumphs@autox.team.net>
Sent: Friday, April 20, 2001 1:03 PM
Subject: who holds BL copyrights?
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