Quote:
Originally Posted by Lynx-lynx
Harry, I'm a bit confused by the statement in bold because Muckracker referred specifically to a book that was authored by a US citizen and first published in the US, and is subject to the Berne convention.
How is then that UK copyright could have relevance if a UK person purchased this book, or ebook, or got it for free, from a US published source, eg Gutenberg?
I think some more explanation of the applicable Treaty may assist.
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I think I can explain. First there is a treaty protecting from the shorter term. This dates back to the 1890's (1894 I think, but don't hold me to it). Berne did not override existing treaties, it was added to areas not already legally defined.
US copyright law was particularly arcane before 1978, it was much more like Patent law. Like a Patent, it had to be registered (and a fee paid) to have a copyright. However you didn't have to prove all the things a Patent does. Copyright only lasted 28 years, with the option to extend it at expiration for another 28 years. If you didn't extend, it fell into the public domain. it fell anyway at the end of 56 years. PG US researched the renewal lists to see if an item is PD in the US.
In 1978 the law was radically changed, but like the Austalian shift to Life+70, the existing P.D. was grandfathered in. But it got weirder - everything not in the public domain at the time was extended, regardless of author's death, and has been continually extended. Except for one year (1922) slipping into the public domain in 1998 (due to our Congress not getting the extension bill passed on time, nothing has gone into the public domain here in 34 years.
So for example, Zane Grey, died in 1939. He was a prolific writer. In the UK all of his non-posthumus works are PD (he left 20+ novels unpublished at his death - ones were released from 1939 to 1962. Posthumus work have their own timers...) But in the US all the ones published after 1923 are still under copyright, as they were renewed by his estate as they came due. The earliest one could become PD would be 2019. However, expect another extension to be passed by Hollywood, to protect all those sound movies...
Since the shorter term is blocked by previous treaty, one place it's PD and another is not.