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Re: [Cc-uk] About Chesterton and public domain

From: David Harris <cc-uk AT ukitlaw.com>
To: cc-uk AT lists.ibiblio.org
Cc: Prodromos Tsiavos <prodromos.tsiavos AT socio-legal-studies.oxford.ac.uk>, Damian Tambin <damian.tambini AT csls.ox.ac.uk>
Subject: Re: [Cc-uk] About Chesterton and public domain
Date: Wed, 28 Jul 2004 10:28:25 +0100

The duration extension regulations came into force January 1st 1996. Anything
done before January 1st 1996 cannot be an infringement, nor can copies of
Chetertons books be infringing if they were issued before January 1st 1995.
If *arrangements* for publication were made for publication before January
1st 1995 then anything done subsequently is not infringing.
If it was not possible to find the licensor by 'reasonable enquiry'
permission
isn't required. This is all in the UK Duration Regulations 1995. Is the UK
licensor for Chesterton reasonably locatable. And of course new editions will
be affected and potentially reprints.

The situation you describe is of course unfair but falls four square within
the legislation. If your plans were recently laid as you say then certainly
in England the licensor would be able to demand royalties. This has
particular resonance when the talk is now of extending certain copyright
durations relating to music.

Regards
David
--
UKITLaw.com
+44(0)20 8395 7194

[Cc-uk] About Chesterton and public domain, Miquel Vidal, 07/27/2004
- Re: [Cc-uk] About Chesterton and public domain, David Harris, 07/28/2004
- Re: [Cc-uk] About Chesterton and public domain, Jonathan Mitchell, 07/28/2004
- RE: [Cc-uk] About Chesterton and public domain, Andres Guadamuz, 07/28/2004
  - Re: [Cc-uk] About Chesterton and public domain, David Harris, 07/28/2004
  - RE: [Cc-uk] About Chesterton and public domain, Miquel Vidal, 07/28/2004