Re: public domain query

From: Mike Holderness <mch[_at_]cix.compulink.co.uk>
Date: Thu, 26 Aug 1999 16:44 +0100 (BST)

On Mon, 23 Aug 1999, Charles Lozow <charles.lozow[_at_]elektra.com> wrote:
>
> If a song was originally composed by a French author and published
> in France in 1928 and the author died in 1937, is the song in the pd
> for purposes of US law? The French publisher has asserted that the
> song is still protected in France, but the US sub-publisher has yet
> to assert rights. The user can ill afford to have the record subject
> to an injunction. Any thoughts on this would be greatly appreciated.

In France as in all EU countries, authors' estates now have rights for 70 years after their death. Rights exist without assertion or "formality" in all signatories to the Berne Convention (including the USA, though USAians are well advised to register). So:

No, it's not PD. Get a license.

--
Mike Holderness
http://www.poptel.org.uk/nuj/mike
<mch[_at_]cix.compulink.co.uk>
Received on Thu Aug 26 1999 - 15:48:14 GMT

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