Hi,
I'm not questioning the analysis, I'm just not sure how one does research on a particular point, and it's one that has *always* been the bane of any copyright research of foreign works I've tried to do:How do you find that out?
On 07/19/2012 10:51 AM, Aharon Varady wrote:
The verso of the title page on every volume indicates the first edition was printed in Haarlem in the Netherlands. On the title page itself it lists, Soncino Press, London. The Soncino was not published in the US within 30 days of its publication abroad.
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This is interesting, I didn't realize these were first published in the Netherlands. But am I missing something in the reasoning and/math of this.
Nezikin was published in Netherlands in 1935 with 70 year copyright term, hence expiring in 2005. In 1996 it was not in the public domain in its home country. Today it is but then so are Nashim and Moed. If Uruguay Rounds Agreement Act doesn't go into effect, then is the work treated as though it had the proper copyright in the US in the first place, or is it on the terms of the home country?
I could find no information whether the Soncino was published in the US within 30 days of its publication abroad.
The term of copyright for works published in the UK has been 50 years from the publication date.
The term of copyright in the Netherlands for a work based on publication date is 70 years from publication.
On 04/21/2013 11:48 PM, Aharon Varady wrote:For the US, isn't this the critical variable?I could find no information whether the Soncino was published in the US within 30 days of its publication abroad.
Source? I thought it was life of the last author to die + 70 years, retroactive to 1925 < http://en.wikipedia.org/wiki/Copyright_law_of_the_United_Kingdom#Printed_works>.The term of copyright for works published in the UK has been 50 years from the publication date.
Isn't it life of the author + 70 years?The term of copyright in the Netherlands for a work based on publication date is 70 years from publication.
The law includes an exception that allows libraries, archives and nonprofit educational institutions to treat a copyrighted work in the last (new) 20 years of protection as if it were in the public domain for purposes of preservation, scholarship or research. Conditions that apply to this usage in the last 20 years require a good faith investigation to determine that the work is not subject to normal commercial exploitation, the work or phonorecord cannot be obtained at a reasonable price, and use of the work stops if the copyright owner provides notice to the contrary. See 63 Fed. Reg. 71,785 (Nov. 3, 1998) for interim regulations effective January 1, 1999 on this issue.<http://counsel.cua.edu/fedlaw/ctea.cfm>
Judaica Press is actively selling the Soncino Talmud in print:
http://www.soncino.com/index.php/cPath/22?osCsid=6b23f4a6d60916191a31e445b0cbabb5
They are photocopies of the old editions.
Also, the Soncino was offered for sale in the US, thus satisfying the
definition of "published in the US":
http://doi.library.cmu.edu/10.1184/pmc/CRI/CRI_1939_095_007_12221939
See the left side where it discusses pricing.
It is unclear if it happened within 30 days.
They had a US Office as well:
http://books.google.com/books?ei=L3F1UaO5LZSx0AHruIGwDQ&id=DkUbAQAAMAAJ&dq=%22books+in+print%22+soncino&q=+soncino#search_anchor
There is a copyright entry for another work of theirs:
http://books.google.com/books?id=q6shAQAAIAAJ&dq=soncino&pg=PA83#v=onepage&q=soncino&f=false
Also, the Soncino was offered for sale in the US, thus satisfying the
definition of "published in the US":
What is publication?
Publication has a technical meaning in copyright law. According to the statute, “Publication is the distribution of copies or phonorecords of a work to the public by sale or other transfer of ownership, or by rental, lease, or lending. The offering to distribute copies or phonorecords to a group of persons for purposes of further distribution, public performance, or public display constitutes publication. A public performance or display of a work does not of itself constitute publication.” Generally, publication occurs on the date on which copies of the work are first distributed to the public. For further information see Circular 1, Copyright Basics, section “Publication.”
http://doi.library.cmu.edu/10.1184/pmc/CRI/CRI_1939_095_007_12221939
See the left side where it discusses pricing.
It is unclear if it happened within 30 days.
[Soncino] had a US Office as well:
http://books.google.com/books?ei=L3F1UaO5LZSx0AHruIGwDQ&id=DkUbAQAAMAAJ&dq=%22books+in+print%22+soncino&q=+soncino#search_anchor
There is a copyright entry for another work of theirs:
http://books.google.com/books?id=q6shAQAAIAAJ&dq=soncino&pg=PA83#v=onepage&q=soncino&f=false
I apologize, the page you are looking for is page 23. The specific
text is as follows - I am attaching the PDF as well:
"WE PASS IT ON
London's Soncino Press expects to have the final volumes of its
complete English translation of the Babylonian Talmud ready for
distribution by next April . . . The $200 price of the complete
32-volume work has not been raised since the outbreak of war, but if
any of you are interested in purchasing this first unabridged English
translation of the Talmud we may tell you that the price may be raised
after January 1st . . . For $480, incidentally, you can at this time
be come one of the chosen few to buy a deluxe edition of the Talmud,
of which only thirty-five numbered sets are being made"
This is from December 22, 1939 indicating that the Soncino Talmud was
being offered for sale in the US for dollars.
This shows that they had a US office, and knew about the requirement
for register in the US for foreign works. The magic question then is
why did they not register any of their other works.
For most of the 19th century, the United States was a copyright pirate nation.9 Published works of foreigners were afforded no copyright protection, and many leading American publishing houses grew by publishing works of foreign authors, without paying any royalties. Beginning in 1891, however, the US began to afford protection to works first published abroad. Eligibility was sharply constrained, however. Only works from countries participating in certain copyright treaties or covered by presidential proclamations were eligible for protection, and the works by and large had to comply with American procedures (notice, American manufacture of foreign-origin books published in English, registration, deposit, and renewal).10 Works published abroad that failed to comply were generally considered to be in the public domain in the US.
All of this changed on 1 March 1989, when the United States joined the Berne Convention for the Protection of Literary and Artistic Works, the broadest international copyright agreement.11 A requirement of the Berne Convention is that member countries must afford copyright protection to works that are still protected by copyright in their source country. At first the US sought to protect only Berne works created after the 1 March 1989 date, but in the face of stiff international criticism, the US eventually agreed to restore copyright protection in the US to works still protected in their home countries. Foreign works that had entered the public domain in the US because of their failure to comply with US formalities suddenly were given a full term of copyright: initially 75, and later extended to 95, years from publication.
Copyright restoration has had an obvious impact on the investigation of the copyright status of works published abroad. It is no longer necessary to check the copyright renewal records for works that were first published in Berne Convention member nations; almost all these works are now automatically protected for the full term of copyright.
As a side note, Bowker currently publishes something called Books In
Print. I believe the predecessor to that existed back then and should
list the Soncino if it was published in the US.
I am not a copyright expert, so I have a question. Given that most of these were published in the U.S. within a month of their Brittish editions, does this mean that OpenSiddur can use them as public domain works?
Amanda
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We could if we could prove that they were available in the US within a month of their publication in the UK. That hasn't been proven, but knowing the time of publication now gives us a critical detail to compare against if we can locate any dates when they first came to the US.
Section 104 of [the Sonny Bono Copyright Term Extension Act (CTEA)] exempts libraries under limited circumstances from its provisions for published works in their last 20 years of copyright protection. Libraries and archives are permitted to reproduce published works in their last 20 years of protection for purposes of preservation, scholarship, or research so long as the work is not copied for commercial purposes and a copy of the work cannot be obtained at a reasonable price.
Under the CTEA, Section 108 was subsequently amended as follows —
During the last 20 years of any term of copyright of a published work, a library or archives, including a nonprofit educational institution that functions as such, may reproduce, distribute, display, or perform in facsimile or digital form a copy of such work, or portions thereof, for purposes of preservation, scholarship, or research, if such library or archives has first determined, on the basis of a reasonable investigation, that none of the conditions noted below in (1), (2), and (3) apply.
No reproduction, distribution, display, or performance is authorized if —
- the work is subject to normal commercial exploitation;
- a copy of the work can be obtained at a reasonable price; or
- the copyright owner or its agent provides notice pursuant to regulations promulgated by the Register of Copyrights that either of the conditions set forth in (A) and (B) applies.
The exemption provided herein does not apply to any subsequent uses by users other than such library or archives.
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