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echo: public_domain
to: Paul Edwards
from: Rod Speed
date: 1995-01-04 20:41:16
subject: dead people

PE> 50 years (or whatever) after someone dies, their work becomes
PE> public domain.

Its actually a tad more complicated than that in some circumstances.

PE> Someone once told me that "public domain" was a term that had never
PE> been tested in an Australian court.  I was wondering what Australian
PE> law says happens when someone has been dead for over 50 years.

Essentially that they no longer have any rights to that stuff they
created. Corse legal wankers like to use more fancy language than that.

PE> Also, what exactly can I do with that person's work?

You can even stick it up your bum if the mood takes you |-)
Corse that might get a tad painful if its say the complete works
of Bill Shakespeare.

PE> E.g. Charles Dickens probably wrote a book, let's call it XXX.

He was a tad more imaginative than you.

PE> Just what can I do with it?

Anything you like as far as reproducing it, flogging copys, print
it in your newspaper, put it on a CDROM, that sort of thing. Engrave
it on the head of a pin. Chisel it in stone on your monument.

PE> Can I stick "copyright Paul Edwards" on the top of it

Nope, you certainly cant do that. Once his rights to it expire, that
doesnt mean you can seize it and claim it as your own. YOU didnt write
it, so its not your work. Or more strictly you can put that on it, but
it means absolutely nothing. And you stand some risk of being done for
deceptive practice, various other bureaucratic hair splitting etc.

PE> and change a couple of words,

Makes no difference, you cant own the complete work just by changing
a tiny part of it. You didnt write the rest of it, hence you dont own
the rest of it.

What you CAN do is do some fancy layout stuff, publish it like that,
and claim that JUST the particular visual image of the new print is
yours by right. BUT if someone for example cares to say get a typist
to type up very single word out of that book you have produced, they
are perfectly welcome to do that. But not say an introduction you have
written yourself which is included, saying say 'we used the manuscript
which Charley wrote in 1705 as the source of this particular edition'
You could however just rephrase that and say that it came from the
1705 manuscript.

PE> and if I find anyone with a copy of XXX *WITH MY TWO WORDS CHANGED*,
PE> can I sue them for breach of copyright?

Nope. In the strictest sense you own the copyright to those two words
ONLY. But even thats awful dodgy since you cant normally copyright
just a couple of words. I cant for example copyright 'brain fart'

PE> That's how I would like it to work.

And thats precisely why it doesnt work like that, coz it would make
completely null and void the whole spirit of that bit of copyright law,
that its SUPPOSED to expire. Thats the way they decided they want it.

PE> And even if I hadn't changed two words, I should still be able
PE> to do the same,

Nope, not a chance, otherwise, again, the expiry provisions of the
law would be null and void. They are wake up to people like you.

PE> if I find someone with a copy of my version (with the only thing
PE> changed being the copyright notice).

You cant copyright what is not your creation. So you can write whatever
you like on it, doesnt change a damned thing if you didnt create it.

--- PQWK202
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