[78-L] E.U. just as corrupt as the U.S. [fwd]

[Mike Harkin]

 On 9/9/2011 2:55 PM, Cary Ginell wrote:
" The Public Domain is a black hole. Nothing that enters it can escape. Once something is P.D., traditionally it has been P.D. forever.'
 
Unless, of course, the lapdogs of the RIAA in the US Congress and the EU Parlament choose in their alleged wisdom they choose to declare that PD is no longer PD.  Not-
withstanding the constitutional prohibition against ex post facto laws.  Isn't that what Congress did in the Sonnyofabitch Bonehead case?
 
Mike in Plovdiv 



--- On Sat, 9/10/11, Michael Biel <mbiel at mbiel.com> wrote:


From: Michael Biel <mbiel at mbiel.com>
Subject: Re: [78-L] E.U. just as corrupt as the U.S.
To: "78-L Mail List" <78-l at klickitat.78online.com>
Date: Saturday, September 10, 2011, 12:44 AM


On 9/9/2011 7:47 PM, Alan Bunting wrote:
> Dear Mr. Lennick,
>   
> Mr Bunting actually posted the first news of this development back on September 1st and was rather surprised that it produced not a single response.

In my case it was another notice of what MIGHT happen, not what has 
axtually haoppened, and we have had plenty of these in the past three or 
four years that we have commented on.
>
> On 9/9/2011 2:55 PM, Cary Ginell wrote:
>>> The Public Domain is a black hole. Nothing that enters it can escape. Once something is P.D., traditionally it has been P.D. forever.
>>>
>>
>>   And remember how "It's a Blunderful Life" came back into copyright
>> through some side door?   dl

In this instance it was only PRESUMED to be PD.  It never actually was.  
The heirs of the writer of the original short story the film was based 
on had retracted the licensing of the film rights when they renewed the 
story's copyright for a second 28 years, and nobody noticed that the 
loss of the underlying rights meant that the film could not be used 
without the approval of the heirs of the story's writer.  This could 
have happened even if Liberty Films' copyright had been renewed, 
although that entity could have re-negotiated.  In this case since there 
was no entity to renegotiate with, the heirs essentially cancelled 
anybody's right to use the film without negotiating with them.  As I 
understand it, the film still is PD, but since the story is not, the 
film can only be used with the permission and licensing of the story 
writer's heirs.  This is just like a P.D. sound recording which still 
must be licensed by the song writer, just that although there is 
compulsory licensing for songs there is none for short stories.

Mike Biel  mbiel at mbiel.com  .
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