A while back I wanted to use a story by Edgar Rice Burroughs in my radio stream. The story in question I assumed to be public domain in 70+ countries, like Norway, where I was residing at the time. However, when I contacted the Edgar Rice Burroughs literary estate they told me it was not due to some Bern agreement or something, which they said extended US copyrights (95+) into Norway. When I contacted a Norwegian legal scholar in order to have this verified, he told me this was not the case. I did not use the story because I know that some literary estates try to intimidate those with fewer financial resources. Nor was I short of alternatives of equal quality. My question is: what are the facts? Do certain trade agreements extend US copyrights into another country, and vice versa?
I am often split on my respect but also the monetary "cringes" caused by Elon Musk as he is clearly s brilliant visionary who I would assume whoid be super interesting to know and with whom to talk with as I had a hyper intelligent client and friend taken from this world much too earth. But one thing he did says, and the rule of international law is I'm serious crisis as is.csse repeatedly,.as world tensions increee, so does the "cafeteria style" adherence to global norms and the winner of holds up and decision as proof of the legality of any given action. The loser discounts international law's legitimacy. Musk, paraphrasing said, "why file the blueprints for people to copy and reverse engineer, mostly.in countries with poor to complete disregard for the IP.and WIPO system generally and egregiously. Some of these egregiously violate not even bother to raise exception where applicable I.e. thr public health exception for live savings pharmaceuticals. So, IP and WHO protections are likely at their weakest and only apply unevenly likely costing more to enforce or attrmpt as even in rule.of law countries when starting a tech start up, a week-long trip to Shenzen to load a shipping container could mean the.differnce between the success or full failure on the sercice the high ability to service the debt from locally made licensed manufacturing, testing, electronics gesr, 3-D printers my CNC cutters etc. With fast reiteration needs, norms,.expectations - there is just no other comparable way, especially with in economic difficult environments wne turn regulatory hurdles to even starting and new idea or ventue in Europe is reserved for the already "haves" with one Gonerment Agency in CH not even bothering to respnd to a licensing request of mine.despite it's inherent value. One agency's response to me being condensing as if they didn't seem to want to be doing the job to which they are tacked..I am both a published researcher and a lawyer but they responsed to me a uneducated waste of thier time, not having apparently bothering to look at the proposal at all. As if I were arriving at an event, where members only are allowed. So, copyright, depends on the market area and the value verse the risk of disclosure, or batent break (Mile Wong's Asian Food.im.Geneva ( the M and W clear copies of the McDonald's M both right side up and an inverse Nike "Swosh" going the other direction. More or less.rhe same Red snd Yellow in and they fought for 20.years. No.wsy of customer confusion and.it.wss a great restaurant regarding which gained more tjr fight.
I doubt very much that China takes much notice of any extending of copyright.
China? Well, I am not Chinese. I have never even been there. I live in Europe. My reason for asking was that I run a small net stream devoted to old literature (historyradio.org), and I sometimes produce audio books myself that I add to the stream. I try my best to check rights, and i wondered whether the legal texts were not as clear cut as they may seem on wikipedia? The story I wanted to use was short story about the discovery of a stone age man. However, I found a PD story about the discovery of a dinosaur in stead. But I needed to verify if what the literary estate told me was correct. This does not appear to be so, i see that the principle of national treatment is specifically mentioned in the Berne agreement, and that nothing extends beyond life + 50?
See Alice Corp v. CLS Bank (19 June 2014)
The changes to US intellectual property law refer to computer programs and business methods.
The whole of the Agreement on Trade Related Aspects of Intellectual Property requires members of the World Trade Organisation to recognise the already established standards of protection granted by the Berne & Paris Conventions.
The duration of copyright in works of literature is life + 70 years and where there are joint authors that is 70 years beyond the last author's demise.
According to Bentley & Sherman that means that The lyrics for The Sound of Music written by Hammerstein are copyright until 70 years after the date of decease of the the writer of the musical score, Richard Rogers (2049)
Thanks Barry Turner, that is what i thought. Europe follows the principle of national treatment, and so does the US. That is why a few agatha christie books are PD in the US, but not in Europe. Australia and canada have separate shorter lengths of copyrights, right? Which means in fact that the literary estate provided me with inaccurate information (or I may have interpreted it incorrectly. I must check that. I will make no accusations. I just need to get the facts straight)
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