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MMD > Archives > November 2008 > 2008.11.11 > 02Prev  Next


Our Published Heritage - Copyright Orphans
By Terry Smythe

Sun, 09 Nov 2008, Roger Wiegand says:

> Various organizations, Google as a prime example, have digitization
> and publication (with fairly sophisticated search capability) of
> virtually everything as a goal.  I'd suggest that those who want to
> make the information available look into partnering with the Google
> library ...

Agreed.  An inquiry to them went out about a week ago, no reply as yet.
Suggestions for other somewhat related services will be very much
appreciated, with web address if possible.

> ... please write your congress-critter the next time the "Mickey
> Mouse Copyright Protection Act" comes up for renewal ...

The vast majority of the original literature we are focusing on
were all time-sensitive material, such as catalogs and promotions,
published by companies no longer in business, consequently impossible
to acquire written relief from copyright protection.

These have become known as "orphans".  Current U.S. copyright
legislation has within it a provision that states if written relief
from copyright protection cannot be acquired, then the item in
questions is assumed to be under copyright protection.  In the
U.S.A. this situation spawned the Orphan Works Act, amendment to the
Copyright Act :

  http://thomas.loc.gov/cgi-bin/query/z?c109:H.R.5439 

This bill has twice before died in Committee.  As we speak it is
once again in Committee, but with current political situation it is
uncertain what if anything will emerge.  The testimony of Jule L.
Sigall, Associate Register for Policy & International Affairs,
Copyright Office, is of considerable interest to us all.  See

  http://www.copyright.gov/docs/regstat030806.html 

So, as Roger has appealed, please do write your representative,
expressing support for passage of this legislation.

The copyright situation in the U.S.A. (fixed 1923) is not necessarily
similar worldwide.  Our group of like-minded people reside worldwide.
Copyright legislation in other areas of the world likely differs.
For example, Canada has the Rule of 75, a moving target.  On my
personal web site housed in Canada there are numerous MIDI files
emerging from archiving music rolls copyrighted up to 1933, next
year 1934, etc.

It would be interesting to know what other nations are doing, and how
they are dealing with orphans.  Thoughts of others will be very much
appreciated.

Regards,
Terry Smythe
Winnipeg, Manitoba, Canada
http://members.shaw.ca/smythe/rebirth.htm 


(Message sent Tue 11 Nov 2008, 15:26:39 GMT, from time zone GMT-0600.)

Key Words in Subject:  Copyright, Heritage, Orphans, Our, Published

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