Hathi Trust

[Jan]

This thread seems to be entangled with another, so I'm starting a new
one. I copied some of the previous posts below.

See http://www.hathitrust.org/help_copyright for Hathi Trust access
restrictions. It says that books published outside the U.S. before
1870 are restricted for users outside the U.S. Sorry, I had not looked
at that when I posted the link (or used links to Hathi Trust as
sources in previous posts).

On Feb 2, 3:59 am, John Watson <watsonjo...@gmail.com> wrote:
> On Feb 2, 10:47 am, Joe <coch...@gmail.com> wrote:
>
> > On Feb 1, 10:32 am, Jan <janwo...@umich.edu> wrote:
>
> > > For many of the IPM books, see http://catalog.hathitrust.org/Record/007960803
> > > on HathiTrust.
>
> > Jan,
>
> > Thank you for the link.  I have updated my IPM list to include those
> > on the HathiTrust Digital Library site:  http://tinyurl.com/7srvajz
>
> > It includes volume 10 which has not been available on Google Books or
> > archive.org.  It is interesting to note it also includes a number of
> > books published after 1923.
>
> > I am really looking forward to seeing if other out of copyright books
> > which google has incorrectly marked as no view or snippet view are
> > available as full view at HathiTrust.
>
> > Joe
>
> Does the Hathitrust site work if you are located outside of USA? All I
> can see for any of the CIPM volumes is "Full view is not available for
> this item
> due to copyright © restrictions."
>
> Regards,
>
> John

[Doug Thompson]

"Before 1870" should read "after 1870"

Doug



"Jan" <janw...@umich.edu> wrote in message
news:a9da0d92-c775-4276...@ow3g2000pbc.googlegroups.com...

[Wjhonson]

What's magic about the year 1870 that it affects copyrights in this way?

-----Original Message-----
From: Doug Thompson <doug.t...@virgin.net>
To: gen-medieval <gen-me...@rootsweb.com>
Sent: Fri, Feb 3, 2012 4:15 am
Subject: Re: Hathi Trust


"Before 1870" should read "after 1870"
Doug

"Jan" <janw...@umich.edu> wrote in message

ews:a9da0d92-c775-4276...@ow3g2000pbc.googlegroups.com...

his thread seems to be entangled with another, so I'm starting a new

ne. I copied some of the previous posts below.
See http://www.hathitrust.org/help_copyright for Hathi Trust access

estrictions. It says that books published outside the U.S. before

870 are restricted for users outside the U.S. Sorry, I had not looked

t that when I posted the link (or used links to Hathi Trust as

ources in previous posts).
On Feb 2, 3:59 am, John Watson <watsonjo...@gmail.com> wrote:
On Feb 2, 10:47 am, Joe <coch...@gmail.com> wrote:

> On Feb 1, 10:32 am, Jan <janwo...@umich.edu> wrote:

> > For many of the IPM books, see
> > http://catalog.hathitrust.org/Record/007960803
> > on HathiTrust.

> Jan,

> Thank you for the link. I have updated my IPM list to include those
> on the HathiTrust Digital Library site: http://tinyurl.com/7srvajz

> It includes volume 10 which has not been available on Google Books or
> archive.org. It is interesting to note it also includes a number of
> books published after 1923.

> I am really looking forward to seeing if other out of copyright books
> which google has incorrectly marked as no view or snippet view are
> available as full view at HathiTrust.

> Joe

Does the Hathitrust site work if you are located outside of USA? All I
can see for any of the CIPM volumes is "Full view is not available for
this item
due to copyright © restrictions."

Regards,

John

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[taf]

On Feb 3, 10:30 am, Wjhonson <wjhon...@aol.com> wrote:
> What's magic about the year 1870 that it affects copyrights in this way?

My guess would be that it is 'life of the author plus 70 years'
combined with a presumption of author decease within 72 years of
publication date, or something of the sort.

taf

[Matt Tompkins]

> On Feb 3, 10:30 am, Wjhonson <wjhon...@aol.com> wrote:
> > What's magic about the year 1870 that it affects copyrights in this way?

On Feb 4, 2:28 pm, taf <t...@clearwire.net> wrote:
> My guess would be that it is 'life of the author plus 70 years'
> combined with a presumption of author decease within 72 years of
> publication date, or something of the sort.
>
> taf

I wonder if it is something to with the US Copyright Act of 1870,
though I'm not sure why that should affect a book published in
England, since the act did not apply to books published outside the
USA (US law did not acknowledge the existence of copyright in foreign-
published books until the International Copyright Act of 1891, and
even then witheld protection unless the Library of Congress received
notice of the book within 10 days after publication, and unless the
book were printed within the USA - the latter limitation was not
wholly removed until 1986).

Matt Tompkins

[taf]

On Feb 5, 3:18 am, Matt Tompkins <ml...@le.ac.uk> wrote:

> I wonder if it is something to with the US Copyright Act of 1870,
> though I'm not sure why that should affect a book published in
> England, since the act did not apply to books published outside the
> USA (US law did not acknowledge the existence of copyright in foreign-
> published books until the International Copyright Act of 1891, and
> even then witheld protection unless the Library of Congress received
> notice of the book within 10 days after publication, and unless the
> book were printed within the USA - the latter limitation was not
> wholly removed until 1986).

Just a coincidence. From a blog a The Economist (http://
www.economist.com/blogs/babbage/2011/11/digitising-books):

"Copyright remains a bother. The United States has a solid dividing
line—all works published or registered in America before 1923 are
firmly in the public domain. But other countries maintain fuzzier
policies, some of which have yet to be properly tested in court. In
principle, books published as early as 1870 might still be under
copyright in Britain. If a work was published that year, say, by an
author who was 20 at the time, but who lived to 100, it would remain
under copyright for 70 years after the author's death, ie, until 2020.
The odds of this happening are long, but British publishers refrain
from releasing pre-1870 titles into the public domain, just in case."

(I wonder if he doesn't mean post-1870 works in that last sentence)

taf

[Christopher Ingham]

He must mean post-1870 works.

JSTOR recently began to make its “journal content published prior to
1923 in the United States and prior to 1870 elsewhere freely available
to anyone, anywhere in the world.” The “early journal content” is
being released on a rolling basis.
http://about.jstor.org/participate-jstor/individuals/early-journal-content

Christopher Ingham

[Matt Tompkins]

> > On Feb 5, 3:18 am, Matt Tompkins <ml...@le.ac.uk> wrote:
> > > I wonder if it is something to with the US Copyright Act of 1870,
> > > though I'm not sure why that should affect a book published in
> > > England, since the act did not apply to books published outside the
> > > USA (US law did not acknowledge the existence of copyright in foreign-
> > > published books until the International Copyright Act of 1891, and
> > > even then witheld protection unless the Library of Congress received
> > > notice of the book within 10 days after publication, and unless the
> > > book were printed within the USA - the latter limitation was not
> > > wholly removed until 1986).
>

> On Feb 5, 6:13 pm, taf <t...@clearwire.net> wrote:
> > Just a coincidence.  From a blog a The Economist (http://www.economist.com/blogs/babbage/2011/11/digitising-books):
>
> > "Copyright remains a bother. The United States has a solid dividing
> > line—all works published or registered in America before 1923 are
> > firmly in the public domain. But other countries maintain fuzzier
> > policies, some of which have yet to be properly tested in court. In
> > principle, books published as early as 1870 might still be under
> > copyright in Britain. If a work was published that year, say, by an
> > author who was 20 at the time, but who lived to 100, it would remain
> > under copyright for 70 years after the author's death, ie, until 2020.
> > The odds of this happening are long, but British publishers refrain
> > from releasing pre-1870 titles into the public domain, just in case."
>
> > (I wonder if he doesn't mean post-1870 works in that last sentence)
>

On Feb 6, 1:00 am, Christopher Ingham <christophering...@comcast.net>
wrote:

> He must mean post-1870 works.
>
> JSTOR recently began to make its “journal content published prior to
> 1923 in the United States and prior to 1870 elsewhere freely available
> to anyone, anywhere in the world.” The “early journal content” is

> being released on a rolling basis.http://about.jstor.org/participate-jstor/individuals/early-journal-co...
>
> Christopher Ingham


That's clearly the answer, thank you to you both.

One startling side effect of the 'X years from author's death'
principle is that some original medieval court rolls and similar
records are still subject to copyright (or so record office staff here
in the UK keep assuring me). As far as I understand it, the reason is
that between 1959 and 1996 UK copyright law said that when a work is
anonymous, so that the date of the author's death could not be known,
the 50-years-from-death period (as it then was) started when the work
was first published - which in the case of privately-owned estate
records was taken to mean when they were first deposited in a public
record office. Since a great many estate muniments were first
deposited in public record offices between 1959 and 1996 it means that
large numbers are presently subject to copyright.


The rule was changed in 1996 (it now limits copyright in such
circumstances to a maximum of 140 years from the date on which the
work was first created), but on the basis that any lengthier copyright
subsisting under the old regime was preserved.

Matt Tompkins

[Colin B. Withers]

Copyright is even longer for Crown Copyright, and as many of the sources of importance to medievalists are published by H. M. Stationary Office (Crown Copyright), then even more restrictions apply.

Wibs

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[Ian Goddard]

Colin B. Withers wrote:
> Copyright is even longer for Crown Copyright, and as many of the sources of importance to medievalists are published by H. M. Stationary Office (Crown Copyright), then even more restrictions apply.
>

Maybe this will be one of the things genealogists need to take up with
the Open Data Institute
(http://www.guardian.co.uk/government-computing-network/2011/nov/28/george-obsorne-open-data-plans)
if it ever gets beyond ministerial statements and press releases.

--
Ian

The Hotmail address is my spam-bin. Real mail address is iang
at austonley org uk

[W David Samuelsen]

It is this one:

The first Federal Copyright Act was enacted in 1790. The last copyright
revision bill was enacted in 1976. In 1988 a number of changes were
embraced to permit United States accession to the Berne Convention. The
Convention for the Protection of Literary and Artistic Works, signed at
Berne, Switzerland, on September 9, 1886 was finally adopted by the
United States in the Berne Convention Implementation Act of 1988. The
main effect of adopting the Berne Convention was automatic application
of copyrights, no notice necessary. The Sonny Bono Copyright Term
Extension Act aka The Mickey Mouse Protection Act extended the copyright
protection term to life of the author plus 70 years and for works of
corporate authorship to 120 years after creation or 95 years after
publication, whichever endpoint is earlier. The Digital Millennium
Copyright Act implements the World Intellectual Property Organization
Copyright Treaty and Performances and Phonograms Treaty deals with
electronic copy protection measures.

There is an international copyright law and 164 countries have signed
the treaty creating the law. The law is called the Berne Convention for
the Protection of Literary and Artistic Works, usually known as the
Berne Convention. This international agreement governing copyright, was
first accepted in Berne, Switzerland in 1886. See Wikipedia:Berne
Convention for the Protection of Literary and Artistic Works. Over 100
years later, on March 1, 1989, the U.S. Berne Convention Implementation
Act of 1988 was enacted, and the United States Senate ratified the
treaty, making the U.S. a party to the Berne Convention.

(source: Rootstech 2012, Genealogist’s Copyright Law for Genealogists
By James L. Tanner, M.A. J.D.) (You can find his blog at
genealogysstar.blogspot.com)

Most important aspect concerning copyrights in other countries (e.g.
British copyright in USA, and vice versa)

http://en.wikipedia.org/wiki/Golan_v._Holder

http://en.wikipedia.org/wiki/Uruguay_Round_Agreements_Act

Hope this clarify about Britsh copyright as understood in USA.
(Hathi Trust is based in USA)

W. David Samuelsen