Re: [BardonPraxis] Copyright rules / Bardon books 'still available'

[michael keogh <maceocaidh@...>]

Dear Scott
Based on what you say then, I'd be very grateful if
you could tell me where I can get a pdf. of the
English version of The Practice of Magical Evocation?
Thanks
Jim






--- "sga_email <sga_email@...>"
<sga_email@...> wrote: 
---------------------------------

Everyone,

Here are some copyright rules from the Gutenberg
project webpage.
It looks as though we have to wait a few more years
before Bardons 
material becomes public domain.

In saying that though it still should not stop anyone
who is in need 
of the material from obtaining it simply because they
cannot afford 
it or it is not available to them.

So instead of 'looking' for a copy simply ask and I am
sure you will 
find someone obliging to forward you a copy.

Rawn, you might want to put a small note in the files
section about 
this, if new people join the list and do not know
where to obtain the 
material this would help. Although not being a lawyer
I don't know 
whether that would be an infringement also.

Anyway, as I said people only have to ask and I am
sure, positive, 
damn well 150% certain! that someone will be
forthcoming with the 
material....;)

Kind Regards,

Scott.



United States Public Domain and Copyright Rules

1. Works first published before January 1, 1923 with
proper copyright 
notice entered the public domain no later than 75
years from the date 
copyright was first secured. Hence, all works whose
copyrights were 
secured before 1923 are now in the public domain. 

(This is the rule Project Gutenberg uses most often) 

Works published from 1923-1977 retain copyright for 95
years. No such 
works will enter the public domain until 2019. 

2. Works first created on or after January 1, 1978
enter the public 
domain 70 years after the death of the author if the
author is a 
natural person. 

(Nothing will enter the public domain under this rule
until at least 
January 1, 2049.) 

3. Works first created on or after January 1, 1978
which are created 
by a corporate author enter the public domain 95 years
after 
publication or 120 years after creation whichever
occurs first. 

(Nothing will enter the public domain under this rule
until at least 
January 1, 2074.) 

4. Works created before January 1, 1978 but not
published before that 
date are copyrighted under rules 2 and 3 above, except
that in no 
case will the copyright on a work not published prior
to January 1, 
1978 expire before December 31, 2002. If the work is
published before 
December 31, 2002, its copyright will not expire
before December 31, 
2047. 

(This rule copyrights a lot of manuscripts that we
would otherwise 
think of as public domain because of their age.) 

5. If a substantial number of copies were printed and
distributed in 
the U.S. prior to March 1, 1989 without a copyright
notice, and the 
work is of entirely American authorship, or was first
published in 
the United States, the work is in the public domain in
the U.S. 

6. (This rule is complicated, and is seldom applied).
Works published 
before 1964 needed to have their copyrights renewed in
their 28th 
year, or they'd enter into the public domain. Some
books originally 
published outside of the US by non-Americans are
exempt from this 
requirement, under GATT. Works from before 1964 were
automatically 
renewed if ALL of these apply: 

At least one author was a citizen or resident of a
foreign country 
(outside the US) that's a party to the applicable
copyright 
agreements. (Almost all countries are parties to these
agreements.) 
The work was still under copyright in at least one
author's "home 
country" at the time the GATT copyright agreement went
into effect 
for that country (January 1, 1996 for most countries).

The work was first published abroad, and not published
in the United 
States until at least 30 days after its first
publication abroad. 
If you can prove that one of the above does not apply,
AND if you can 
prove that copyright was not renewed, then the work is
in the public 
domain. 

To prove an item was not renewed, you need to do an
extensive search 
of renewals in Library of Congress records (or you
could get a letter 
from the author or publisher attesting that there was
no renewal). 

Please read the document about copyright renewal
online at: 
http://onlinebooks.library.upenn.edu/renewals.html
before attempting 
to prove public domain status of a work published
between 1923-1963. 
We have a separate "Rule 6 HOW-TO" for working under
"Rule 6". 

Caveat: Each edition of a work may have its own period
of copyright 
protection (this depends on whether the new edition 
involves "authorship" or simply corrects punctuation).
Every 
translation has independent copyright protection. A
new edition does 
not extend the protection of the original edition. 

Public Domain and Copyright Rules for the United
Kingdom and many 
other countries.
The general rule is life of the author plus 70 years
(previously life 
plus 50 years, but globalization of copyright laws and
pressure from 
content owners has changed this in most countries). No
other major 
country has required copyright notice, and placed
works without 
notice in the public domain. Rules on corporate
authors differ. 

Whose law applies?
When we distribute in the United States, U.S. law
applies. When we 
distribute to other countries, their law applies. That
is why Peter 
Pan is marked for US distribution only. It is public
domain in the 
U.S. but not in the U.K. 

What changes have taken place in the term of copyright
protection in 
the United States?
Under the 1909 Copyright Act, the original term lasted
28 years (not 
26). It was renewable for an extra 28 years, for a
total of 56 years. 
Until 1992, the work would enter the public domain if
renewal was not 
filed in a timely manner. However, even with diligent
research, it is 
very difficult to determine with assurance that
renewal was not 
filed. 
In the mid 1950's Congress started working on a major
revision of the 
copyright act, but by 1960 it was clear that this
would not be a 
short process. By 1962, everything published before
1906 was in the 
public domain. It was clear that the new act would
grant existing 
works a total term of 75 years. To prevent these works
from losing 
out on the 75 year extension while Congress worked out
all the other 
details of the new act, Congress started passing
extension acts in 
1962. Such extensions prevented copyright expirations
before the 
passage of the 1976 Copyright Act, with the result
that all 
copyrights in existence in 1962 were extended to at
least 1976 when 
the 75-year term kicked in. 

Effective in 1998, after works first published in 1922
had passed 
into the public domain, the copyright term was
extended for all works 
as to which copyright protection had not yet expired.
For works 
published in 1923, and thereafter (provided they were
renewed, or 
were exempt from renewal requirements). Thus, the
effective term will 
be 95 years. 

The rules on public speeches, musical performances,
and other works 
not originally fixed in a tangible medium of
expression are 
confusing, and require a determination based on the
facts of the 
individual instance. 

Rule of Thumb: Published before 1923 or published at
least 75 years 
ago in the U.S. OR published 50 years after the
author's death in 
some countries, 70 years after death in others. 




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