04-19-2015, 01:20 PM | #16 |
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Not quite always. It was used originally by authors complaining about publishers stiffing them on royalties. (Although I concede that publishers then were tiny in comparison to those today.)
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04-19-2015, 02:23 PM | #17 | |
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The term "piracy" has a long history in publishing:
http://eduscapes.com/bookhistory/int...property/3.htm Quote:
Plus ça change... Last edited by fjtorres; 04-19-2015 at 02:29 PM. |
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04-19-2015, 06:03 PM | #18 |
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04-19-2015, 07:30 PM | #19 | |||
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Here is another case you could read up on: https://www.law.cornell.edu/copyrigh...811_F2d_90.htm Actually, the position of big publishing houses on this issue with biographies is exactly the same as small publishers, except that small and non-profit publishers don't have the money to pay for quotations or fight in court. One example consists of the several small and university press biographies of Irving Berlin, none of which I have read because they are, according to reviewers, weakened by inability to quote from Berlin's songs: http://www.pitt.edu/~atteberr/jazz/a.../BERGREEN.html http://www.nytimes.com/1990/08/05/bo...er-979590.html Quote:
If you read a lot of biographies, you would know that attempts to control what we read, concerning public figures, mars our reading experience. Quote:
A way to think about this: In other threads here, I've seen the big publishers attacked on grounds they only buy book proposals and manuscripts that they think will be blockbusters. Here we can see how untrue that it. They are putting resources into a trouble-making book, by an acclaimed non-best-selling author. that has little sales potential. Contrast with this non-profit decision not to publish: http://www.economist.com/blogs/easte...2014/04/russia |
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04-19-2015, 08:35 PM | #20 |
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I for one am okay with the works of Goebbels or Hitler being published. On the down side, it encourages those of like mind. On the up side, it gives everyone else a good idea of what it sounds like to think like that. So, next time you hear similar messages, you'll know what the end game is. Forewarned is forearmed.
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04-19-2015, 08:41 PM | #21 |
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Err... that doesn't appear to be the issue here...
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04-19-2015, 08:50 PM | #22 |
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It may not be the issue, but was it used as a smokescreen? It wouldn't be if the smoke wasn't blinding.
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04-19-2015, 11:32 PM | #23 |
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The issue here is a very simple one. If it is offensive to public policy for Goebbel's estate to receive royalties, the solution is not to unjustly enrich a publisher by allowing them to use these materials royalty free, particularly when they had already agreed to pay royalties. The solution is for the state to appropriate the royalties through proceeds of crime type legislation. Ideally, the funds should then be directed to an appropriate charity, though most governments no doubt simply then route it to consolidated revenue. The second point about important historical documents does need some consideration. SteveEisenberg's example of Irving Berlin's biographers being unable to quote from Berlin's songs is, to my mind, an example of where copyright has obviously gone a step too far. Perhaps there should be a copyright exception for this type of situation, or at the very least a rand-type licensing scheme with minimal royalties for this type of material.
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04-20-2015, 12:36 AM | #24 | |
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I mean, if ethics are part of the decision in any way, shape, or form. Regarding American laws prohibiting criminals from profiting from their crimes...in the case of Goebbles one cannot claim that Goebbles' memoirs are valuable only because of his crimes. So application would be problematic. He was a brilliant public relations strategist and he orchestrated continued support for the war in spite of devastating casualties on the eastern front. So this isn't some murderer who would be uninteresting were it not for his crimes, this is a talented man who had an interesting career...that included included some horrifying crimes against mankind in the midst of it all. Even if Germany passes laws like those in the US which would prevent the estate from profiting due to Goebbles part in the Holocaust (not that a third party holding the memoirs is the same as heirs or an estate) his other duties and achievements would not be covered by such strictures, because his part in the Holocaust was not the only thing that causes people to read about him. Somehow Godwin's law should have prevented this thread entirely. |
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04-20-2015, 04:13 AM | #25 |
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I'm wondering about limitations of time with respect to proceeds going to an estate? (In whatever country the estate is in, and I guess in whatever country the deal was made in if it's a different country.
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04-20-2015, 04:45 AM | #26 |
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04-20-2015, 04:51 AM | #27 |
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The very nature of copyright, which continues in effect for some period after the death of the author, ensures that royalties continue to go to an estate. The limiting time is the time of the copyright. The estate can never be fully wound-up while it is still entitled to income, though I suppose the entitlement to the particular copyright or the income from particular copyrights could be given to a particular person under the will or by agreement amongst the beneficiaries. But the rights attaching to the copyright will still belong to the estate or someone inheriting until it expires.
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04-20-2015, 04:58 AM | #28 | |
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04-20-2015, 05:08 AM | #29 |
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I think the morals of the case are further obscured by the fact that in Germany during WWII what Dr Goebbels did wasn't against the law there. I mean the rest of the world I'm sure found it so, but when the person doing the perceived criminal activity is part of the government of that country it's hard to say how the son of sam law would apply. Granted what the Nazi's as a whole did was horrifying the Son of Sam wasn't doing things that the government approved of like Dr. Goebbels was either. Nor was he part of the government. The Nazi's actions were found to be criminal after the war, but at the time they were doing them they were the Government in charge. Not that anyone can condone what they did though.
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04-20-2015, 06:21 AM | #30 | |
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