Re: International protection for non USA authors

From: Joseph Pietro Riolo <josephpietrojeungriolo[_at_]gmail.com>
Date: Tue, 28 Mar 2006 15:45:55 -0500


On 3/27/06, Danceland <Info[_at_]danceland.tv> wrote:

>

> Its a children's series of novels with character pictures and it was never
> on general release in the USA, it was out in the UK in the 1950's and the
> 1960's.

I don't think that it matters whether the novels were released to the population in the U.S. According to the old U.S. copyright law, what matters is whether the novels were considered as "published". The old law had specific meaning for "published".

> If what you are saying is correct Joseph, am I right In assuming that the
> USA does not protect foreign works that aren't registered in the USA?
> In the UK copyright in artistic and written work lasts the duration of the
> author/artist's lifetime plus 70 years, doesn't that rule apply in the USA
> and If not, what is the situation regarding protection of foreign works, if
> any?

That will require a very long answer. I strongly recommend that you buy or borrow the book "The Public Domain: How to Find & Use Copyright-Free Writings, Music, Art & More" by Attorney Stephen Fishman (ISBN: 0-87337-433-9). Look at the Chapter 18, Section C. It talks about different possible cases for works that were first published outside the U.S.

I will only give general answers. Keep in mind that they are general - never take them as authoritative. The general answers to your questions are: 1) No, foreign works can have copyright protection in the U.S. even if they are not registered. Another reason is URAA as mentioned by Mr. Carroll. See http://www.copyright.gov/gatt.html . 2) It is not life-plus-70 for works published before 1978. It is only 95 years.

Joseph Pietro Riolo
<josephpietrojeungriolo[_at_]gmail.com>
<riolo[_at_]voicenet.com>

Number of days left until 1-1-2019 when all knowledge of 1923 in the land of the U.S.A. will be freed from their copyright owners' prisons: 4,661

Public domain notice: I put all of my expressions in this post in the public domain. Received on Wed Mar 29 2006 - 01:45:55 GMT

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