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Copyright and Assimil (audio) | ||
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 Language Learning Forum : Language Programs, Books & Tapes |  | |
| Monte Cristo Newbie United States Joined 5182 days ago 26 posts - 37 votes Speaks: English* | Message 1 of 12 27 March 2011 at 9:05pm | IP Logged | |||||
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From my understanding, the audio for the without toil series is now public domain (but the books are still under copyright). I have found the audio (on torrent networks) for French without toil, but it is horrendous. Does anybody know where I can get a better quality audio? Also, does the audio for Spanish without toil exist?
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| Elexi Senior Member United Kingdom Joined 5566 days ago 938 posts - 1840 votes  Speaks: English* Studies: French, German, Latin | Message 2 of 12 27 March 2011 at 9:51pm | IP Logged | |||||
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I don't know when Alphonse Cherel died, but French without Toil came out when he was alive and in 1940. French copyright law goes on for the life of the author plus seventy years, so there is a good chance it is still (just) in copyright.
I have the 78s in my loft - they sound pretty bad too. There was a good clean version on these very boards, but with Assimil claiming (their rightful) copyright it has long gone. Also yes, audio for Spanish without Toil exists. 3 persons have voted this message useful | ||||||
| palfrey Senior Member Canada Joined 5274 days ago 81 posts - 180 votes Speaks: English* Studies: German, French | Message 3 of 12 28 March 2011 at 12:52am | IP Logged | |||||
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According to the online catalogue of the Bibliotheque nationale de France ( http://www.bnf.fr ), Cherel lived from 1882 to 1956. This puts the copyright status of his works in a strange zone. In countries such as France, which use lifetime plus seventy years, they are stll under copyright. But in countries with shorter terms, e.g., lifetime plus fifty years, I am not sure, but they might be considered to be in the public domain. Maybe it depends on agreements the country has with France, or with the EU in general.
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| Elexi Senior Member United Kingdom Joined 5566 days ago 938 posts - 1840 votes Speaks: English* Studies: French, German, Latin | Message 4 of 12 28 March 2011 at 8:34pm | IP Logged | |||||
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The 1886 Berne Convention states that the copyright law that applies to a work is of the country where copyright is claimed, so it is 70 years (being French) in all states who are signatories to the Berne Convention even if they have a copyright law of 50 years. Most countries in the world are signatories to the Berne Covention. Edited by Elexi on 28 March 2011 at 8:35pm 1 person has voted this message useful | ||||||
| palfrey Senior Member Canada Joined 5274 days ago 81 posts - 180 votes Speaks: English* Studies: German, French | Message 5 of 12 28 March 2011 at 9:34pm | IP Logged | |||||
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Well, perhaps we need a lawyer with experience in international copyright law. But I disagree with your intepretation of "country where copyright is claimed".
From the Berne Convention, Article 7(8), "Term of Protection: Applicable law":
I would take that to mean that "country of origin" (here, France) is not necessarily the same as "country where protection is claimed" (e.g., Canada, where the term is lifetime + 50 years). As far as I can tell, the treaty binds countries to a minimum term (lifetime + 50 years). It does not bind them to unilateral decisions by another country to extend those terms. (And IMO, it would be very odd for any treaty to impose such an open-ended, uncontrollable obligation on one of the parties.) Any extensions to copyright terms in Canada will be decided by the Canadian government, not the government of France. And again, Article 5(2):
You might also want to check wikipedia's article on the rule of the shorter term. But enough legalities for me. Back to language study :) 1 person has voted this message useful | ||||||
| Cainntear Pentaglot Senior Member Scotland linguafrankly.blogsp Joined 6012 days ago 4399 posts - 7687 votes Speaks: Lowland Scots, English*, French, Spanish, Scottish Gaelic Studies: Catalan, Italian, German, Irish, Welsh | Message 6 of 12 29 March 2011 at 12:11am | IP Logged | |||||
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In the UK, the rule of the shorter term definitely applies. The EU has worked to harmonise copyright laws, but there are still differences within the EU.
There's an odd situation in the UK where a written work is given "life + 70" protection, but a recorded work is 50 years from first broadcast/publishing. That's fine when you're considering a recording of something like Beethoven's fifth, where copyright on the composition has long expired, but Assimil's recordings are recordings of a written work (the book), and it may well be that the written-work copyrights still apply to the recording even after the recorded-work rights have expired. Copyright is not the simplest area of law..... 1 person has voted this message useful | ||||||
| DavidW Hexaglot Senior Member United Kingdom Joined 6527 days ago 318 posts - 458 votes Speaks: English*, Spanish, French, Italian, Persian, Malay Studies: Russian, Arabic (Written), Portuguese, German, Urdu | Message 7 of 12 29 March 2011 at 12:27am | IP Logged | |||||
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I exchanged a few emails with Linguaphone last year about the copyright status of some
of their older courses. I got a response that seemed to imply that if the recording was in the public domain (after 50 years), then the rest of the course would be also. I don't think she was sure about it though. Perhaps noone is :-). That would make sense in a way. If there is an audiobook of a printed book. The audiobook comes into the public domain. In theory I could transcribe the recording and make my own printed version without needing any permission. But maybe the typesetting (interior design) of the original printed book would still be under protection, so you couldn't sell photocopies of the original book? If someone does know the answer, I'd be happy to clean up and host files. Edited by DavidW on 29 March 2011 at 12:29am 1 person has voted this message useful | ||||||
| HenryMW Tetraglot Senior Member United States Joined 5175 days ago 125 posts - 179 votes Speaks: English*, German, Spanish, French Studies: Modern Hebrew | Message 8 of 12 29 March 2011 at 1:17am | IP Logged | |||||
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I'm in law school and took a course on intellectual property last semester. We didn't talk about the international side, just American law. I think you apply the law of the country you're in, but don't quote me on that.
Who owns the copyright? An individual or the company? For a person its lifetime + 70 years. For a company (or a work for hire), it's 95 years from the year of its first publication, or a term of 120 years from the year of its creation, whichever expires first. 1 person has voted this message useful |
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