As a followup to the recent dustup in which a group of copyright trolls who claim to control the rights to all of the Conan stories (even the out-of-copyright ones!) shut down Broken Sea Audio's distribution of free audiobooks based on the public domain stories, here's a great, exhaustively researched article on the copyright status of the Conan stories, written by a fan:
Many of the works of REH were first published during or shortly after his lifetime, from 1922 through 1939. More came out over the decades that followed, with a large amount seeing first publication after 1964. Under US law, all of the REH works first published prior to 1964 were subject to the registration, renewal and notice requirements of the 1909 Copyright Act (“the 1909 Act”). Under the 1909 Act, copyright was not automatically applied to a published work, as it is under the current Act. Instead, to obtain copyright, the work had to be first published subject to a number of rules. These included proper notice affixed to the work, and prompt registration. If works were published without meeting these formalities, such works were usually injected into the Public Domain (“the PD”). Further, 28 years after publication there was a one year window in which certain classes of people or entities could file for a renewal of the copyright for an additional 28 year term (later extended by Congress to a total term of currently 95 years). In practice, the courts have said that as long as the original registration is filed prior or simultaneously with the renewal, the registration was still valid. Further, the courts have on occasion been forgiving of flawed but still present notice under the 1909 Act. But, the courts have been quite strict about the one year window for renewals. Complete lack of notice also generally automatically injected the work into the Public Domain, though the totality of the circumstances can affect that issue.
Unified Patents raises money from companies that are the target of patent-trolling and then uses it to challenge the most widely used patents in each of its members’ sectors: now it’s going for the gold.
Jamie writes, “A photographer filed on Monday a $1 billion copyright infringement suit in New York against Getty Images’ American arm, alleging that the company is sending out letters demanding licensing fees for her photos that were donated to the Library of Congress.”
The Electronic Frontier Foundation has just filed a lawsuit that challenges the Constitutionality of Section 1201 of the DMCA, the “Digital Rights Management” provision of the law, a notoriously overbroad law that bans activities that bypass or weaken copyright access-control systems, including reconfiguring software-enabled devices (making sure your IoT light-socket will accept third-party lightbulbs; tapping […]
Looks like all of your potential employers are hiring candidates with programming skills (which you don’t have). With all of the languages out there today, it’s tough to know where to start.With the Complete Front-End to Back-End Coding Bundle, you can beef your resume up in all the right places, no confusion necessary. This package of […]
Those of us who love music wish we could listen to it 24/7. But it’s impossible when we’re trying to converse with our friends, or when are swimming in the local pool.That is, until now. The KOAR Bone Conduction Bluetooth Headset, now 48% off, has changed the audio game.Made with lightweight titanium memory metal, this headset boasts patented bone conduction technology to transport sound […]
It’s one thing to enjoy dinner at home and a nice glass of Cabernet Sauvignon with your best friend, Netflix, but it’s another thing entirely to make that meal from scratch and get that wine delivered right to your doorstep.But what if we told you there’s a way to make this possible? To keep your social life, […]