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LIBLICENSE <[log in to unmask]>
Reply To:
LibLicense-L Discussion Forum <[log in to unmask]>
Date:
Mon, 29 Sep 2014 20:13:45 -0400
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From: Sandy Thatcher <[log in to unmask]>
Date: Sun, 28 Sep 2014 19:08:34 -0500

The USSR didn't join the Universal Copyright Convention until May
1973, so everything Russian from prior to that date can be treated
under our law as being in the public domain.

Sandy Thatcher


> From: "Jim O'Donnell" <[log in to unmask]>
> Date: Fri, 26 Sep 2014 00:08:01 -0400
>
> This string has been fascinating, but could Janice Pilch offer one
> more piece of information if she has it?  So if in the various
> post-Soviet countries, special rules obtain for rehabilitated writers
> -- let's say a writer who died in 1937 and was rehabilitated in 1996
> -- how would anyone go about finding out those dates?  Does the
> national copyright office contain an official list of Rehabilitated
> Persons with the dates of rehabilitation?  This all certainly has the
> effect of making a would-be publisher of public domain works jump
> through hoops I had never suspected might exist.
>
> Great thanks for all the responses on this,
> Jim O'Donnell
>
>
> On Thu, Sep 25, 2014 at 11:43 PM, LIBLICENSE <[log in to unmask]> wrote:
>>
>>  From: "Pilch, Janice T" <[log in to unmask]>
>>  Date: Thu, 25 Sep 2014 22:36:00 +0000
>>
>>  In France, authors who "died for France" obtain 30 extra years of
>>  copyright protection.
>>
>>  These types of special terms are also found in some countries that
>>  were formerly part of the Soviet Union. They serve similarly as small
>>  compensation for patriotic activity or wartime hardship and to right
>>  the political wrongs of the past, and for other reasons. Some
>>  examples:
>>
>>  Russian Federation
>>
>>  -The Russian Federation adds 4 years of protection for individuals who
>>  participated in or worked during WW2.
>>
>>  -It has a special term for authors who were politically repressed and
>>  posthumously rehabilitated. The 70-year term is calculated from the
>>  year of rehabilitation.
>>
>>  -The term for works published posthumously within 70 years of the
>>  author's death is calculated from the date of publication.
>>
>>  Kazakhstan
>>
>>  -The 70-year copyright term for an author who was politically
>>  repressed and posthumously rehabilitated is calculated from the year
>>  of rehabilitation.
>>
>>  -The term for works first published posthumously within 30 years of
>>  the author's death is calculated from the date of publication.
>>
>>  Ukraine
>>
>>  -Has a copyright term for posthumously rehabilitated authors. The
>>  70-year term is calculated from the year of rehabilitation.
>>
>>  -The term for works first published posthumously within 30 years of
>>  the author's death is calculated from the date of publication.
>>
>>  Yes, this does make defining the public domain much more complex.
>>
>>  Best regards,
>>
>>  Janice Pilch
>>  Copyright and Licensing Librarian
>>  Rutgers University Libraries
>>  Email: [log in to unmask]
>>
>>
>>  ________________________________________
>>  From: Kevin Smith <[log in to unmask]>
>>  Date: Wed, 24 Sep 2014 13:23:37 +0000
>>
>>  As far as I know, France and Russia both added some time to the term
>>  of copyright (or, one could say, tolled its running) because of the
>>  two World Wars.  In France, the time periods were very specific,
>>  things like 6 years and xxx days, to account for the exact time
>>  periods the nation was at war.  But I also believe that France's
>>  highest court has ruled that those extensions were preempted by later
>>  legislative developments, so that the term of life plus 70 is now the
>>  standard.  There may yet be special provisions if the specific author
>>  "died for France" however.
>>
>>  Kevin L. Smith, M.L.S., J.D.
>>  Director, Copyright and Scholarly Communication
>>  Duke University Libraries
>>  Durham, NC  27708
>>  [log in to unmask]
>>
>>
>>  -----Original Message-----
>>  From: Sandy Thatcher <[log in to unmask]>
>>  Date: Mon, 22 Sep 2014 23:13:23 -0500
>>
>>  I had not known before about the extension of copyright for another 15
>>  years (beyond author's life plus 70) that the French government
>>  enacted to account for the duration of the two world wars. I wonder if
>
>  > any other European governments have followed suit? I'm not sure what
>>
>>  the logic of this extension is, but in this case it can't be blamed on
>>  Mickey Mouse!
>>
>>  Sandy Thatcher
>>
>>
>>>  From: "Jim O'Donnell" <[log in to unmask]>
>>>  Date: Sun, 21 Sep 2014 17:52:39 -0400
>>>
>>>  An entirely noble music radio station, WMNR in Monroe CT, all
>>>  classical music, all volunteer, a great station to listen to on the
>>>  internet -- not part of the NPR world for the most part -- brings me
>>>  this afternoon an announcer telling a digested version of the linked
>>>  story below -- about the real-world case of what has happened to the
>>>  royalties of Maurice Ravel since his death in 1937.
>>>
>>>  "Bolero" still makes big bucks, you see, and so it seems that my own
>>>  contributions to WMNR are even now, as I listen to "Bolero",
>>>  contributing to those royalties.  Decide for yourself the benefit to
>>>  society that comes from the way this particular money droppeth like
>>>  the gentle rain from heaven upon today's beneficiaries. A fascinating
>>>  article...
>>>
>>>  http://www.theguardian.com/education/2001/apr/25/arts.highereducation
>>>
>>>  Jim O'Donnell
>>>  Georgetown

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