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AUXLANG  June 2014, Week 4

AUXLANG June 2014, Week 4

Subject:

Re: Fwd: Conlang legal questions & law review article

From:

Paul Bartlett <[log in to unmask]>

Reply-To:

International Auxiliary Languages <[log in to unmask]>

Date:

Tue, 24 Jun 2014 16:52:03 -0400

Content-Type:

text/plain

Parts/Attachments:

Parts/Attachments

text/plain (75 lines)

On 6/24/2014 3:22 PM, Stephen Rice wrote:

> On 6/24/14, Paul Bartlett <[log in to unmask]> wrote:
>
>> One question that often comes up, although not strictly within the scope
>> of the article, is the copyright status of allegedly "orphan" works,
>> works which have not unequivocally passed into the public domain due to
>> age.
>
> Based on what came up with Loglan, it isn't possible to copyright a
> language. So the language proper is in the public domain, including
> words and grammar. [...]

This is what I took from the article.

>> A ready example I can think of is Kenneth Searight's book "Sona: an
>> Auxiliary Neutral Language" published in London in 1935. I own a copy,
>> and I have searched it several times. [...] Is the book in copyright?
>> If so, who owns the copyright? [...] And so on. No copyright
>> was ever registered in the USA. (I have personally verified this.)
>
> Since he died in 1957, it's in the public domain in Canada, anyway.
> Since there was no copyright registered in the US, I am virtually
> certain it is in the public domain here as well:

I suppose that that might be the case, although it might take an opinion 
from an intellectual property attorney to be comfortable. (One such law 
firm occasionally sponsors programming on a public radio station in my 
area, but I have no idea what their fees might be.)

But what about international copyright conventions? If there was a 
copyright for the original work in the UK, and the US was a member of 
the Berne Convention at the time, was there an automatic copyright, so 
to speak, in the US (and elsewhere)? Again, it might take a specialist 
to have a reliable opinion.

> the reason many works
> published earlier are still under copyright here is that their
> copyright was renewed at some point. This is why some works of the
> same age as _Sona_ (or even a bit more recent) can be found on
> Gutenberg.org: they either weren't properly copyrighted here or
> entered the public domain before our laws changed in the 70s.

For example, I suppose, the "Interlingua-English Dictionary" and 
"Interlingua Grammar" (second edition) were properly copyrighted in the 
US (I have examined the records), but the copyrights were never renewed 
in 1979 and 1983, respectively, when the original copyrights would have 
expired under the law at the time they were registered. If I understand 
correctly, even after the 1970s revision of US law, they are now in the 
public domain. However, I am not going to bet the rent on that.

> Elsewhere it's probably still under copyright.

International copyright laws can get very murky very quickly.

>> An exact photocopy of the book is available online in PDF form. Is this
>> copy an infringement of a possibly indeterminable copyright, even though
>> no one is making any money off it, the original book is out of print,
>> and copies are very hard to come by? Is there some kind of infringement
>> if individuals want to learn and use Sona? These are questions that can
>> often come up with older works.
>
> Public domain in US and Canada, probably under copyright elsewhere for
> another 13-43 years.

Another question that comes up is materials placed online. If, for 
example, "Sona" is public domain in Canada and the US, and I place it on 
a server in the US but the copy is available to anyone in the world with 
an internet connection, am I infringing copyright somewhere, even if not 
in my home country? The internet environment seems to be turning some 
intellectual property rights issues on their head.

-- 
Paul Bartlett

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December 2000, Week 5
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December 1998, Week 5
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December 1997, Week 5
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February 1997, Week 1

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