[gothic-l] Re: A Million Questions: 6. (Syntax)

[Troels Brandt]

Hi Tore

In Sweden you have an "Act on Copyright in Literary and Artistic 
Works" (Law No. 729, of December 30, 1960, as last amended by Law No. 
1274, of December 7, 1995 - I do not know if there are later changes) 
which appear very similar in structure to the rules I know. It also 
contents rules of transfer of copyright. 

In general the length of the copyright is connected to the death of 
the author, but the right can belong to someone else in that period - 
the one mentioned after the copyright sign in the book. After that it 
is public domain, but if it is published again with changes and new 
comments etc., this book may have its own copyright, but the old text 
remains public domain. 

All the works I have used at Fordham have been public domain - as 
example all the Nordic works. In some cases they take the chance and 
at one of the first pages they ask such copyright owners to protest 
immidiately if they feel they are offended. I have noticed that some 
works have disappeared and some works are moved to a closed network. 
The university does not take the responsibility, but the teatcher 
running this project is using the educational purpose of the 
institution to defend his position if something goes wrong.  

If I should make comments to the rest I should repeat myself.

Troels


--- In gothic-l at yahoogroups.com, Tore Gannholm <tore at g...> wrote:
> 
> >
> >  Hi Tore
> >
> >  As I read your argument, you claim that even if you break the 
law and
> >  publish the text at the internet there is no damage and 
therefore no
> >  compensation to pay by you to the owner of the copyrights 
(Author or
> >  publisher of the book).
> 
> Which law and which damage are you talking about? It is only the 
author 
> that can claim damage. If he or she does not want the text 
available, I 
> can't use it and have to obey to the authors wishes. In that case 
the 
> author has declared that he does not want his or her material to be 
> available for research. A ban will than be placed on that material.
> Still I haven't come across such a person. On the contrary all the 
> authors writing this type of material we use in this group are more 
> than pleased that somebody takes interest in their work.
> 
> Normally they have to battle to get funds to have their work 
published 
> and their work very soon becomes dead meat with nobody reading it.
> 
> I have various works in my library where there are only a few 
copies in 
> Sweden. One recent book my Public library could find no copy in 
Sweden 
> and had to borrow it from a library in Copenhagen.
> 
> It would be very irresponsible by me not to copy these works and 
have 
> them available for my research.
> 
> I have a similar view as  the Internet History Sourcebooks project
> http://www.fordham.edu/halsall/fairuse.html
> 
> 
> >  My argument is according to common principles
> >  of law in case of violation and damages, that even if you do not 
make
> >  any profit your argument is irrelevant as your compensation to 
the
> >  owner shall cover his loss caused by your violation of his 
rights.
> >
> >  If your way of copying new books to the internet was correct no 
one
> >  would print and publish a book. That is the decision an author 
takes
> >  when he makes a deal with a publisher instead of putting the 
article
> >  at the internet himself.
> >
> >  There are a lot of problems about how to make this function at 
the
> >  international internet and in closed environment, but that does 
not
> >  change the general intentions and principles.
> >
> >  I am sure you can't escape the Swedish laws even as you do not 
accept
> >  the Swedish take over of Gotland hundreds of years ago - and I am
> >  sure the Swedish and Danish laws are similar.
> >
> >  Troels 
> 
> In your opinion, What does the law state?
> 
> Tore
> 
> 
> [Non-text portions of this message have been removed]





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