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Copyright and Assimil (audio) | ||
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 Language Learning Forum : Language Programs, Books & Tapes |  | |
| HenryMW Tetraglot Senior Member United States Joined 4977 days ago 125 posts - 179 votes  Speaks: English*, German, Spanish, French Studies: Modern Hebrew | Message 9 of 12 29 March 2011 at 2:15am | IP Logged | ||
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I found my IP book.
Berne Convention for the Protection of Literary and Artistic Works (Paris Text, 1971). Article 7- (1)- The term of protection granted by this Convention shall be the life of the author and fifty years after his death. (6)- The countries of the Union may grant a term of protection in excess of those provided by the proceeding paragraphs. (8)- In any case, the term shall be governed by the legislation of the country where protection is claimed; however, unless the legislation of that country otherwise provides, the term shall not exceed the term fixed in the country of origin of the work. 1976 Copyright Act Chapter 3- Section 302- (a)- Copyright in a work created on or after January 1, 1978...the life of the author and 70 years after the author's death. (c)- ...a work made for hire, the copyright endures for a term of 95 years from the year of its first publication, or a term of 120 years from the year of its creation, whichever expires first. Section 305- All terms of copyright provided by sections 302 through 304 run to the end of the calendar year in which they would otherwise expire. We didn't talk about copyrights from before 1978. Apparently it's a mess, and it was just an introductory class that dealt with trademarks and patents as well. I read over the statute for older copyrights. It looks like they get a term of 28 years from the date is was secured that is renewable (under some circumstances) for a term of 67 years. (Section 304) There's a lot of fine print I don't have time to digest right now. I can ask around if you want me to be sure. You might be better off checking the Copyright Office. http://www.copyright.gov/records/ The only thing is is that you don't need to register a work to get protections. I'm probably going to to take Advanced Copyright next spring if that matters. Edited by HenryMW on 29 March 2011 at 2:28am 1 person has voted this message useful | |||
| Cainntear Pentaglot Senior Member Scotland linguafrankly.blogsp Joined 5814 days ago 4399 posts - 7687 votes Speaks: Lowland Scots, English*, French, Spanish, Scottish Gaelic Studies: Catalan, Italian, German, Irish, Welsh | Message 10 of 12 29 March 2011 at 12:13pm | IP Logged | ||
Warning: UK only information follows....
I doubt the people at Linguaphone's customer services would have consulted the company solicitor, so don't take their word for it. You may think that would make sense, but look at it from the point of view of the professional songwriter. A new song is a written work (life+70, reasonable expectation of over 100 years of protection), but it is recorded and released within a year on a recording (50 years protection) by a pop band. Your reasoning would give copyright protection to the songwriter only on condition that it is never recorded. Scriptwriters would be caught in a similar bind. Even authors would be in trouble, as books are often serialised on radio. To my mind, the only real question here is this: Elvis's original sound recordings are all out of copyright, so I can copy them without his estate's permission. Do I still need to pay his songwriters? I believe the answer is yes. A lot of my CDs of out-of-recording-copyright-but-not-necessarily-written-copyr ight blues music still have an MCPS licensing notice on the inlay, so they must still have to license the songwriters' mechanicals. So even though the actual recording is out of copyright, it would appear to me that Linguaphone and Assimil still can block publication due to the copyright that subsists in the published written work (ie the transcripts in the book). If Linguaphone told you in writing that it was OK, that would limit their ability to sue you (they could probably still tell you to take it down), but I doubt they would be willing to commit it to paper.... 1 person has voted this message useful | |||
| HenryMW Tetraglot Senior Member United States Joined 4977 days ago 125 posts - 179 votes Speaks: English*, German, Spanish, French Studies: Modern Hebrew | Message 11 of 12 29 March 2011 at 4:06pm | IP Logged | ||
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In the US, every song carries with it two copyrights: the lyrics/sheet music and the performance. They are both subject to the same length of protection.
If someone wrote a Spanish course and recorded at the same time, the copyrights expire together. I haven't seen any case law on recorded courses being copyrightable, but the standard for protectable creativity is low. 1 person has voted this message useful | |||
| DavidW Hexaglot Senior Member United Kingdom Joined 6329 days ago 318 posts - 458 votes Speaks: English*, Spanish, French, Italian, Persian, Malay Studies: Russian, Arabic (Written), Portuguese, German, Urdu | Message 12 of 12 04 April 2011 at 5:36pm | IP Logged | ||
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Yes, I misunderstood the laws. There would be a copyright for the recording, and a separate copyright for underlying literary work, both of which would need to have expired
for the recordings to be in the public domain. 1 person has voted this message useful |
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