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Old 11-29-2012, 04:12 PM   #16
kennyc
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It's also discussed at Dear Author from a posting early this year:

http://dearauthor.com/features/recla...ty-five-years/
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Old 11-29-2012, 08:49 PM   #17
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It's also discussed at Dear Author from a posting early this year:

http://dearauthor.com/features/recla...ty-five-years/
For 1978 authors — who are eligible to reclaim in 2013 — the window is already closing.


This is the main point I think 5 years ago many authors would not have thought they have many choices apart from renewing their contracts with dead tree publishers. Now that ebooks have entered mainstream and the ability to self publish available to these authors we might see more back list titles. I hope many of them do take back their rights as authors are way more likely to make sure their ebooks are properly proofread etc. And some of them will be willing to sell at cheaper prices as they wont have to share their income with the publishers.
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Old 11-29-2012, 11:55 PM   #18
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...authors are way more likely to make sure their ebooks are properly proofread etc.
I'm not so certain about this. Some that I have seen, such as Norman Spinrad, seem to run pages through OCR and do a quickie conversion. Resulting in OCR errors and horrendous formatting. I don't think they've even glanced at the resulting file. Maybe they assumed that the software was magic.

A King or a Grisham may have plenty of money to hire people to do a proper job, but will the mid-level writers be willing to spend any money. Will they even consider the possibility or will they just turn to the magic software.
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Old 11-30-2012, 08:49 AM   #19
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Hence I return to my original point. If the old law provided the ability after 28 years, isn't that what would still have been in force for existing contracts? Or did the 1978 act revoke that right, and put in place a replacement that wouldn't come into force for another 35 years? If so, that seems very odd.
The courts basically removed the authors rights to reclaim under the old law by allowing the right to be waived in the original contract. The authors heirs were the only ones that could use it. The new law does not allow the publisher to require the author to give the reclaim right up as part of the original contract.

This is all part of copyright law. Anything published before 1978 is under the prior law. The original law said that the authors had to renew to get the extended copyright at all. Congress changed that for things published between 1964 and 1977 by making the renewal authomatic for securing the extended copyright, but the authors or their heirs still had to file the renewal to reclaim publishing rights. Assuming the author hadn't lost them in the original contract already.

Greg Weeks
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Old 11-30-2012, 11:15 PM   #20
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I hope this will shake up the publishing industry to some extent: back-listed titles will finally become available again, and authors will get larger cuts, or even any money at all.

There is this one book I found in my local library when I was in highschool, in Germany, that I loved so much, I'd borrow it every few months. Then, one day, it was gone. I could not find it anywhere to purchase, because the book was in English and that was before amazon et al. It pains me that that book is out of print and only available used.
I just wonder, what if the authors are already dead? All those titles boxed up in some basement

Last edited by xendula; 12-02-2012 at 08:43 PM.
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Old 12-01-2012, 09:49 AM   #21
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Hence I return to my original point. If the old law provided the ability after 28 years, isn't that what would still have been in force for existing contracts? Or did the 1978 act revoke that right, and put in place a replacement that wouldn't come into force for another 35 years? If so, that seems very odd.
Harry, the law has nothing to do with making sense.

Let me give you an example from the movie world.

1, If I download a movie against the copyright (in the US) to my hard drive. I am subject to big fines.

2. If I buy a DVD of the movie, and rip it to hard drive, under US law I'm a felon, up to 5 years in jail.

3. If I record the movie off the air from Turner Classic Movies, under the 1984 Betamax Supreme Court ruling, I violate no law and can use my copy to my heart's content.

Same movie. Mostly the same quality (the download would probably be at lesser quality). #2 would net the copyright owners the most revenue, even after ripping (I paid money to the studio), but it's the harshest penalty.

Go figure....
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Old 12-02-2012, 07:25 AM   #22
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3. If I record the movie off the air from Turner Classic Movies, under the 1984 Betamax Supreme Court ruling, I violate no law and can use my copy to my heart's content.
That's not quite true. You are allowed to record the movie ONLY for the purpose of "Time Shifting" - ie watching it at a time that's convenient for you. Once you've watched it, you must delete it, or else you're back in the arena of copyright infringement again.
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Old 12-02-2012, 07:34 AM   #23
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That's not quite true. You are allowed to record the movie ONLY for the purpose of "Time Shifting" - ie watching it at a time that's convenient for you. Once you've watched it, you must delete it, or else you're back in the arena of copyright infringement again.
Even if I didn't quite finish watching the credits....
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Old 12-02-2012, 07:50 AM   #24
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It's like all these things, isn't it? You're not going to get into trouble for keeping a recording made from TV, or by ripping a DVD you've legally bought for your tablet or PC. The law's there for those who genuinely abuse things, by trying to sell copies, etc.
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Old 12-02-2012, 08:22 AM   #25
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My point exactly.
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Old 12-02-2012, 08:33 AM   #26
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That's not quite true. You are allowed to record the movie ONLY for the purpose of "Time Shifting" - ie watching it at a time that's convenient for you. Once you've watched it, you must delete it, or else you're back in the arena of copyright infringement again.
I don't see anything in the Supreme Court opinion that states you must delete the recording after watching it, do you have a link for that?
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Old 12-02-2012, 08:37 AM   #27
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It's like all these things, isn't it? You're not going to get into trouble for keeping a recording made from TV, or by ripping a DVD you've legally bought for your tablet or PC. The law's there for those who genuinely abuse things, by trying to sell copies, etc.
Well, unless someone decides to make an example of you.

Who'd have thought that the Communications Act 2003 would be applied to an obviously harmless Tweet, or that the Malicious Communications Act 1988 would be applied to someone posting a photo on their own facebook page.

That a law obviously shouldn't be applied in a certain situation in no way means that it won't be.
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Old 12-02-2012, 08:53 AM   #28
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That's not quite true. You are allowed to record the movie ONLY for the purpose of "Time Shifting" - ie watching it at a time that's convenient for you. Once you've watched it, you must delete it, or else you're back in the arena of copyright infringement again.
Or record another copy.

I just read the whole Betamax opinion. Even if you want to limit it to "one view per recording" for that first view, my comment still holds true... (And that "one view per recoding" could hold true for all three of the possibilities I mentioned. The number of views per copy has nothing to do with how one derives the copy used...
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Old 12-02-2012, 10:00 AM   #29
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I don't see anything in the Supreme Court opinion that states you must delete the recording after watching it, do you have a link for that?
Well, I don't suppose you have to delete it. But you're not allowed to watch it again.
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Old 12-02-2012, 11:51 AM   #30
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Once again, an interesting topic degenerates into the whole, "is it legal to make copies" debate. <sigh>

I think we should make more of an effort to stay on the original topic.
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