Abandoning property (Was: Copyright Extension Bill Passes Congress)

On Tue, 3 Nov 1998, Lance Purple <lpurple[_at_]netcom.com> wrote:
>
> - If you leave your car, your wallet, etc. abandoned in a
> public place for several years, it typically ceases to
> be your property.

Is this really the case in US law? In the European countries I am familiar with this is not the case. You would have to actively declare that you abandon the object. Even then, in the case of a car left alone for years on a public parking, you would be obliged to pay for its removal. If I leave my wallet abandoned you should ask first whether it is just forgotten (property still belongs to the owner) or really abandoned. Abandoning property is a legal figure which is very rare in practice.

> Should a published but out-of-print work be considered "abandoned"
> after x years and become public-domain?

Certainly not. Copyright is the intellectual property right of the author. The decision about a reprint is typically taken by the publisher who has different interests. (Please also don't forget that publication is no prerequisite for copyright protection.) If the publisher refuses a reprint, why should the author's copyright protection be put into question?

Moritz Roettinger
<moritz.roettinger[_at_]dg23.cec.be> Received on Thu Nov 05 1998 - 19:14:24 GMT