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Old 04-17-2011, 06:55 PM   #1
KenJackson
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Where is Ernest Hemingway?

I believe most of Ernest Hemingway's books were published more than 70 years ago, so the copyrights should have expired and they should be available for free download, at least in the US.

But I searched Project Gutenberg and ManyBooks and some other places and came up dry. And most bookstore sites are still selling them for a not-too-cheap price.

When I googled I found several sites that had them for free, but they also had some recent hot releases for free, so assume they are disreputable.

So why hasn't Hemingway's copyright expired?
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Old 04-17-2011, 07:18 PM   #2
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http://www.copylaw.com/new_articles/PublicDomain.html is the source for the following:

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Many people are surprised to learn that there is a moratorium on new works entering the public domain. During the Clinton administration, the controversial Sony Bono Copyright Term Extension Act (CTEA) was signed into law. Under the Act – which added 20 years to most copyright terms – no new works will enter the public domain until 2019. Enacted to ensure adequate protection for U.S. works abroad, the CTEA restricts access to works published after 1922. In 2003, the U.S. Supreme Court, in Eldred v. Ashcroft, rejected a popular challenge to the CTEA. While the CTEA has substantially lengthened the commercial life of many works, the public domain remains a rich source of quality, inexpensive content for anyone dealing in creative works.
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Works created before January 1, 1978, were until recently protected for a total of 75 years, provided, certain copyright renewal formalities were followed. The CTEA amended the Copyright Act by extending the term of protection for works currently in their renewal term from 75 years to 95 years. Under the new law, any work published in 1923 (which would have otherwise fallen into the public domain on January 1, 1999), will now be protected until January 1, 2019.
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Old 04-17-2011, 07:32 PM   #3
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Well that stinks!

There's probably a whole lot of books that wouldn't be profitable enough to reprint and sell, but would be interesting to read if available for download.

That's certainly not an endearing legacy for Sony Bono.
I sure hope no one passes a bad law with my name on it.
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Old 04-17-2011, 07:41 PM   #4
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In addition to the details on US copyright, many countries are authors death + 50 years. For Hemingway, that will mean that his works come into the public domain in those countries next January, I believe.
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Old 04-17-2011, 07:43 PM   #5
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Hemingway died in 1961, so in Canada and other life+50 countries, his works will become public domain next year (in life+N countries, the author becomes PD on January 1 after the Nth anniversary of their death). I would expect that most, if not all of his works will show up at PG Canada and other sites hosted in Canada by the end of next year.
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Old 04-17-2011, 09:36 PM   #6
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I think some authors (like Hemingway) are already out at PG in Australia but not elsewhere. I have no idea how they managed that.
Edit: I just checked back there. Either I misremembered or they have taken him down since I saw him there. I wager he's floating round the darknet though.

Last edited by crich70; 04-17-2011 at 09:44 PM.
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Old 04-17-2011, 09:42 PM   #7
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He won't hit US public domain for many years yet.

The Sun Also Rises (1926) ... PD Jan 1st 2022
A Farewell to Arms (1929) ... 2025
For Whom the Bell Tolls (1940) ... 2036
The Old Man and the Sea (1951) ... 2047
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Old 04-17-2011, 09:46 PM   #8
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Quote:
Originally Posted by KenJackson View Post
Well that stinks!

There's probably a whole lot of books that wouldn't be profitable enough to reprint and sell, but would be interesting to read if available for download.

That's certainly not an endearing legacy for Sony Bono.
I sure hope no one passes a bad law with my name on it.
Sonny Bono was in favor of perpetual copyright, at least according to something I read about him that his wife said. So the CTEA would be good but not good enough in Mr. Bono's eyes.

Just goes to show you how subjective everything is.

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Old 04-17-2011, 11:32 PM   #9
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Yep hes dead! I remember visiting his home in Fla when I was a kid LOL
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Old 04-18-2011, 05:35 AM   #10
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Quote:
Originally Posted by KenJackson View Post
I believe most of Ernest Hemingway's books were published more than 70 years ago, so the copyrights should have expired ...
Sorry, but it's life + 70 years in most countries. He died in 1961, so his books will enter the PD on Jan 1st, 2032...

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So why hasn't Hemingway's copyright expired?
It's the law, dude.
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Old 04-18-2011, 11:23 AM   #11
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Ernest Hemingway is currently in the Ketchum, Idaho, cemetery with his wife.
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Old 04-18-2011, 09:25 PM   #12
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Quote:
Originally Posted by patrickt View Post
Ernest Hemingway is currently in the Ketchum, Idaho, cemetery with his wife.


I wonder if anyone has tried communicating with Hemingway and asked him how he feels about copyright?

If you subscribe to the notion of artistic meaning, it should be possible to divine all aspects of the artist's mind/thoughts at the time of the writing through the writing itself. Some might even say that these literaturastic interpretations are "scientifically" valid.

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Old 04-19-2011, 06:35 AM   #13
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Quote:
Originally Posted by Giggleton View Post


I wonder if anyone has tried communicating with Hemingway and asked him how he feels about copyright?

I suspect he'd punch a priate in the nose, then offer him/her a drink.
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Old 04-19-2011, 06:44 AM   #14
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That's certainly not an endearing legacy for Sony Bono.
The man was a Republican. He was just doing his job - protecting big business.
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Old 04-19-2011, 06:57 AM   #15
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Quote:
Originally Posted by KenJackson View Post
I believe most of Ernest Hemingway's books were published more than 70 years ago, so the copyrights should have expired and they should be available for free download, at least in the US.

But I searched Project Gutenberg and ManyBooks and some other places and came up dry. And most bookstore sites are still selling them for a not-too-cheap price.

When I googled I found several sites that had them for free, but they also had some recent hot releases for free, so assume they are disreputable.

So why hasn't Hemingway's copyright expired?
Why would it have done? Hemmingway only died in 1961, so his works will enter the public domain in life+70 countries on 1st Jan 2032.
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