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RDH4 COPYRIGHT -- THE MASTER FACT FILE
RDH4 COPYRIGHT -- THE MASTER FACT FILE
by Andre Jute COPYRIGHT AS PROPERTY Copyright is property. Generally speaking, the author of a book creates the copyright and owns it. In most of the civilized world the copyright is protected by national and international law for the author's lifetime plus 70 years from the year after the year in which he dies. The countries in which this true includes those in the EU, America, and many in the Commonwealth, including Australia. Copyright across borders is protected both by international agreement and by mutual reciprocity arrangements between nations. THE CREATION OF COPYRIGHT: AUTOMATIC AND PRESUMPTIVE Copyright is automatic and presumptive. Automatic means the work does not have to be registered, or even covered by a copyright notice and/ or symbol, because the copyright protection comes into being the moment the work is created. Presumptive means the law assumes the creator or his successors own it, and all pretenders must prove otherwise. RDH4: AUSTRALIAN ORIGIN AND FIRST OWNERSHIP The Radio Designer's Handbook is an Australian book. The Fourth Edition, an entirely new book compared to the Third Edition, was published in 1953 and followed at later date(s) with substantially revised and enlarged edition(s). It is the work of ten authors and twenty-three collaborating engineers. The Editor was F. Langford- Smith, an employee of Amagamated Wireless Valve of Sydney, Australia. Under Australian law AWV became the first copyright holder. Note that Australian law the term of such a corporately held copyright runs not from publication but for the term of the *author's life* plus 70 calender years. IS THE RDH4 IN THE PUBLIC DOMAIN? No, of course not. Assuming that all the authors were dead at publication (clearly very unlikely as they made revisions and addenda for years afterwards!), 70 calendar years from 1953 will be 2024. So the question of the RDH4 entering the public domain cannot even arise until the end of 2024. The material in the later revised and enlarged edition will be protected even beyond that. WHEN WILL THE RDH4 ENTER THE PUBLIC DOMAIN? The RDH4 will enter the public domain 70 years after someone proves that the last of the authors is dead. Since there are at least 33 of them, plus possibly additional parties who wrote revisions and made additions, some of them perhaps newly graduated engineers in the dozen or so years after 1953, the likelihood is that several of them are still alive. (I wish them much longer life!) The question cannot even begin to be asked until sometime between 2024 and 2038. AWV NO LONGER EXISTS. DID THE COPYRIGHT DIE WITH THE CORPORATION? Copyright of the RDH4 is tied to the life of the author; it cannot be exhausted before 70 years after the life of the author has passed. Someone *always* owns it. The AWV copyright was acquired by Reed- Elseviers, a major publishing group. In 1997 the Newnes scientific and engineering imprint of Reed published a facsimile edition of the last, revised and expanded RDH4. Newnes proudly printed the copyright holder's name in every copy: cReed Educational and Professional Publishing Ltd 1997 Anyone who wants to exploit the RDH4 copyright requires a license from Reed. WHAT ABOUT THOSE WHO DISTRIBUTE THE RDH4 ON THE INTERNET? Unless they have a license from the copyright holder, they're thieves. One set of thieves in Canada, for instance, lie about Canadian copyright law to make it appear to the ignorant as if the RDH is out of copyright (it isn't!) and then they cut off the title page and copyright notice from the copy they offer in an effort to make their lie work. Both these activities (lying about copyright, cutting off title and copyright pages) are criminal acts, quite aside from the theft of the copyright. The expensive typesetting of the book is another piece of property, another theft when they scan it to PDF. BUT THEY SAY OTHERS HAVE GOT AWAY WITH IT, SOMETIMES FOR A LONG TIME The fact that they have stolen property repeatedly doesn't make it theirs. Even the fact that the rightful owner doesn't object doesn't excuse their crime, or act as a defense in law. The presumptive nature of copyright ownership implies that the owner needs do nothing, until one day he chooses to make an example of some thief. There are no squatters' rights in copyright. WHAT ABOUT THE MIRRORS OF THE NETTHIEVES OF THE RDH4? The operators of the mirrors, and their ISP's, are guilty of copyright theft under the laws of their own countries, and complicit in the criminal act of cutting away the title page and copyright notice; they are also complicit in the seperate crime of theft of the typesetting. WHAT ABOUT PEOPLE WHO REPRINT THE RDH4 ON CD ETC? I imagine they have licences from Reed. That is standard practice for respectable publishers. It is open to anyone to approach the copyright holder with an offer to negotiate a license to publish the RDH4. BUT THE LAW IN MY COUNTRY IS DIFFERENT It may seem so. But usually, on deeper enquiry, you will discover a reciprocity arrangement which, in the majority of cases, permit the books of a foreign author or publisher to be treated in your country as if the laws of the foreign country applies. CAN COPYRIGHT LAW REALLY BE THIS SIMPLE AND STRAIGHFORWARD? For honest people the answer, surprisingly, is yes! But it is true that for the dishonest, who wriggle and turn and lie to try and claim a book is out of copyright when it isn't, and of course for lawyers, copyright can be subtle and sometimes tricky. Check out the bit above where in Australia the term of a corporate copyright is the *author's life plus 70 calendar years*; in America the corresponding term for a corporate copyright is *95 years from publication*. In the global village that sort of difference, and reciprocity agreements relating to the treatment of such differences, can easily trip up the careless, but only professionals really need to get in that deep. I hope these notes help everyone understand why it is theft to give away copies of the RDH4 on the internet. Andre Jute http://members.lycos.co.uk/fiultra/ 8 October 2007 © This text is copyright Andre Jute 2007. It is given as a public service and may be freely reprinted in not-for-profit publications as long as it is intact and this notice remains with it. |
RDH4 COPYRIGHT -- THE MASTER FACT FILE
WHAT ABOUT PEOPLE WHO REPRINT THE RDH4 ON CD ETC? I imagine they have licences from Reed. That is standard practice for respectable publishers. It is open to anyone to approach the copyright holder with an offer to negotiate a license to publish the RDH4. You imagine???? I bet they don't. In fact I insist you prove they do. BUT THE LAW IN MY COUNTRY IS DIFFERENT It may seem so. But usually, on deeper enquiry, you will discover a reciprocity arrangement which, in the majority of cases, permit the books of a foreign author or publisher to be treated in your country as if the laws of the foreign country applies. Then why haven't US redistributors been bothered???? Huh, smartypants? CAN COPYRIGHT LAW REALLY BE THIS SIMPLE AND STRAIGHFORWARD? For honest people the answer, surprisingly, is yes! But it is true that for the dishonest, who wriggle and turn and lie to try and claim a book is out of copyright when it isn't, and of course for lawyers, copyright can be subtle and sometimes tricky. Check out the bit above where in Australia the term of a corporate copyright is the *author's life plus 70 calendar years*; in America the corresponding term for a corporate copyright is *95 years from publication*. In the global village that sort of difference, and reciprocity agreements relating to the treatment of such differences, can easily trip up the careless, but only professionals really need to get in that deep. I hope these notes help everyone understand why it is theft to give away copies of the RDH4 on the internet. "RDH 4 may be distributed free of charge, as has been proven beyond reasonable doubt. " |
RDH4 COPYRIGHT -- THE MASTER FACT FILE
On Oct 7, 7:56 pm, Andre Jute wrote:
RDH4 COPYRIGHT -- THE MASTER FACT FILE by Andre Jute COPYRIGHT AS PROPERTY Copyright is property. Generally speaking, the author of a book creates the copyright and owns it. In most of the civilized world the copyright is protected by national and international law for the author's lifetime plus 70 years from the year after the year in which he dies. The countries in which this true includes those in the EU, America, and many in the Commonwealth, including Australia. Copyright across borders is protected both by international agreement and by mutual reciprocity arrangements between nations. THE CREATION OF COPYRIGHT: AUTOMATIC AND PRESUMPTIVE Copyright is automatic and presumptive. Automatic means the work does not have to be registered, or even covered by a copyright notice and/ or symbol, because the copyright protection comes into being the moment the work is created. Presumptive means the law assumes the creator or his successors own it, and all pretenders must prove otherwise. RDH4: AUSTRALIAN ORIGIN AND FIRST OWNERSHIP The Radio Designer's Handbook is an Australian book. The Fourth Edition, an entirely new book compared to the Third Edition, was published in 1953 and followed at later date(s) with substantially revised and enlarged edition(s). It is the work of ten authors and twenty-three collaborating engineers. The Editor was F. Langford- Smith, an employee of Amagamated Wireless Valve of Sydney, Australia. Under Australian law AWV became the first copyright holder. Note that Australian law the term of such a corporately held copyright runs not from publication but for the term of the *author's life* plus 70 calender years. IS THE RDH4 IN THE PUBLIC DOMAIN? YES . The AWV copyright was acquired by Reed- Elseviers, a major publishing group. In 1997 the Newnes scientific and engineering imprint of Reed published a facsimile edition of the last, revised and expanded RDH4. Newnes proudly printed the copyright holder's name in every copy: cReed Educational and Professional Publishing Ltd 1997 Anyone who wants to exploit the RDH4 copyright requires a license from Reed. WHAT ABOUT THOSE WHO DISTRIBUTE THE RDH4 ON THE INTERNET? Unless they have a license from the copyright holder, they're thieves. One set of thieves in Canada, for instance, lie about Canadian copyright law to make it appear to the ignorant as if the RDH is out of copyright (it isn't!) and then they cut off the title page and copyright notice from the copy they offer in an effort to make their lie work. Both these activities (lying about copyright, cutting off title and copyright pages) are criminal acts, quite aside from the theft of the copyright. The expensive typesetting of the book is another piece of property, another theft when they scan it to PDF. BUT THEY SAY OTHERS HAVE GOT AWAY WITH IT, SOMETIMES FOR A LONG TIME The fact that they have stolen property repeatedly doesn't make it theirs. Even the fact that the rightful owner doesn't object doesn't excuse their crime, or act as a defense in law. The presumptive nature of copyright ownership implies that the owner needs do nothing, until one day he chooses to make an example of some thief. There are no squatters' rights in copyright. WHAT ABOUT THE MIRRORS OF THE NETTHIEVES OF THE RDH4? The operators of the mirrors, and their ISP's, are guilty of copyright theft under the laws of their own countries, and complicit in the criminal act of cutting away the title page and copyright notice; they are also complicit in the seperate crime of theft of the typesetting. WHAT ABOUT PEOPLE WHO REPRINT THE RDH4 ON CD ETC? I imagine they have licences from Reed. That is standard practice for respectable publishers. It is open to anyone to approach the copyright holder with an offer to negotiate a license to publish the RDH4. etimes tricky. Check out the bit above where in Australia the term of a corporate copyright is the *author's life plus 70 calendar years*; in America the corresponding term for a corporate copyright is *95 years from publication*. In the global village that sort of difference, and reciprocity agreements relating to the treatment of such differences, can easily trip up the careless, but only professionals really need to get in that deep. I hope these notes help everyone understand why it is theft to give away copies of the RDH4 on the internet. Andre Jutehttp://members.lycos.co.uk/fiultra/ 8 October 2007 © This text is copyright Andre Jute 2007. It is given as a public service and may be freely reprinted in not-for-profit publications as long as it is intact and this notice remains with it. Do You really beleive all the drivel you post or do you just like seeing your name on the screen? |
RDH4 COPYRIGHT -- THE MASTER FACT FILE
Your account doesn't take into consideration the "fair use" doctrine of U.S. law. The "fair use" exemption to (U.S.) copyright law was created to allow things such as commentary, parody, news reporting, research and education about copyrighted works without the permission of the author. That's vital so that copyright law doesn't block your freedom to express your own works Notice the words research and education. Also this; Section 107 contains a list of the various purposes for which the reproduction of a particular work may be considered “fair,” such as criticism, comment, news reporting, teaching, scholarship, and research. Teaching, scholarship, and research Stewart |
RDH4 COPYRIGHT -- THE MASTER FACT FILE
On Oct 7, 6:42 pm, Stewart Schooley wrote:
Your account doesn't take into consideration the "fair use" doctrine of U.S. law. The "fair use" exemption to (U.S.) copyright law was created to allow things such as commentary, parody, news reporting, research and education about copyrighted works without the permission of the author. That's vital so that copyright law doesn't block your freedom to express your own works Notice the words research and education. Also this; Section 107 contains a list of the various purposes for which the reproduction of a particular work may be considered "fair," such as criticism, comment, news reporting, teaching, scholarship, and research. Teaching, scholarship, and research Stewart Sure, all the relevant copyright laws include a fair use provision. Fair use permits the use of modest extracts of a copyright works for the approved purposes. It doesn't include reproducing complete copies of books, it doesn't sanction giving away copies of copyright works to all and sundry for unknown purposes, as those who post copies of the RDH4 to the net do. That is not fair use but simple copyright theft. RDH4 COPYRIGHT -- THE MASTER FACT FILE by Andre Jute COPYRIGHT AS PROPERTY Copyright is property. Generally speaking, the author of a book creates the copyright and owns it. In most of the civilized world the copyright is protected by national and international law for the author's lifetime plus 70 years from the year after the year in which he dies. The countries in which this true includes those in the EU, America, and many in the Commonwealth, including Australia. Copyright across borders is protected both by international agreement and by mutual reciprocity arrangements between nations. THE CREATION OF COPYRIGHT: AUTOMATIC AND PRESUMPTIVE Copyright is automatic and presumptive. Automatic means the work does not have to be registered, or even covered by a copyright notice and/ or symbol, because the copyright protection comes into being the moment the work is created. Presumptive means the law assumes the creator or his successors own it, and all pretenders must prove otherwise. RDH4: AUSTRALIAN ORIGIN AND FIRST OWNERSHIP The Radio Designer's Handbook is an Australian book. The Fourth Edition, an entirely new book compared to the Third Edition, was published in 1953 and followed at later date(s) with substantially revised and enlarged edition(s). It is the work of ten authors and twenty-three collaborating engineers. The Editor was F. Langford- Smith, an employee of Amagamated Wireless Valve of Sydney, Australia. Under Australian law AWV became the first copyright holder. Note that Australian law the term of such a corporately held copyright runs not from publication but for the term of the *author's life* plus 70 calender years. IS THE RDH4 IN THE PUBLIC DOMAIN? No, of course not. Assuming that all the authors were dead at publication (clearly very unlikely as they made revisions and addenda for years afterwards!), 70 calendar years from 1953 will be 2024. So the question of the RDH4 entering the public domain cannot even arise until the end of 2024. The material in the later revised and enlarged edition will be protected even beyond that. WHEN WILL THE RDH4 ENTER THE PUBLIC DOMAIN? The RDH4 will enter the public domain 70 years after someone proves that the last of the authors is dead. Since there are at least 33 of them, plus possibly additional parties who wrote revisions and made additions, some of them perhaps newly graduated engineers in the dozen or so years after 1953, the likelihood is that several of them are still alive. (I wish them much longer life!) The question cannot even begin to be asked until sometime between 2024 and 2038. AWV NO LONGER EXISTS. DID THE COPYRIGHT DIE WITH THE CORPORATION? Copyright of the RDH4 is tied to the life of the author; it cannot be exhausted before 70 years after the life of the author has passed. Someone *always* owns it. The AWV copyright was acquired by Reed- Elseviers, a major publishing group. In 1997 the Newnes scientific and engineering imprint of Reed published a facsimile edition of the last, revised and expanded RDH4. Newnes proudly printed the copyright holder's name in every copy: cReed Educational and Professional Publishing Ltd 1997 Anyone who wants to exploit the RDH4 copyright requires a license from Reed. WHAT ABOUT THOSE WHO DISTRIBUTE THE RDH4 ON THE INTERNET? Unless they have a license from the copyright holder, they're thieves. One set of thieves in Canada, for instance, lie about Canadian copyright law to make it appear to the ignorant as if the RDH is out of copyright (it isn't!) and then they cut off the title page and copyright notice from the copy they offer in an effort to make their lie work. Both these activities (lying about copyright, cutting off title and copyright pages) are criminal acts, quite aside from the theft of the copyright. The expensive typesetting of the book is another piece of property, another theft when they scan it to PDF. BUT THEY SAY OTHERS HAVE GOT AWAY WITH IT, SOMETIMES FOR A LONG TIME The fact that they have stolen property repeatedly doesn't make it theirs. Even the fact that the rightful owner doesn't object doesn't excuse their crime, or act as a defense in law. The presumptive nature of copyright ownership implies that the owner needs do nothing, until one day he chooses to make an example of some thief. There are no squatters' rights in copyright. WHAT ABOUT THE MIRRORS OF THE NETTHIEVES OF THE RDH4? The operators of the mirrors, and their ISP's, are guilty of copyright theft under the laws of their own countries, and complicit in the criminal act of cutting away the title page and copyright notice; they are also complicit in the seperate crime of theft of the typesetting. WHAT ABOUT PEOPLE WHO REPRINT THE RDH4 ON CD ETC? I imagine they have licences from Reed. That is standard practice for respectable publishers. It is open to anyone to approach the copyright holder with an offer to negotiate a license to publish the RDH4. BUT THE LAW IN MY COUNTRY IS DIFFERENT It may seem so. But usually, on deeper enquiry, you will discover a reciprocity arrangement which, in the majority of cases, permit the books of a foreign author or publisher to be treated in your country as if the laws of the foreign country applies. CAN COPYRIGHT LAW REALLY BE THIS SIMPLE AND STRAIGHFORWARD? For honest people the answer, surprisingly, is yes! But it is true that for the dishonest, who wriggle and turn and lie to try and claim a book is out of copyright when it isn't, and of course for lawyers, copyright can be subtle and sometimes tricky. Check out the bit above where in Australia the term of a corporate copyright is the *author's life plus 70 calendar years*; in America the corresponding term for a corporate copyright is *95 years from publication*. In the global village that sort of difference, and reciprocity agreements relating to the treatment of such differences, can easily trip up the careless, but only professionals really need to get in that deep. I hope these notes help everyone understand why it is theft to give away copies of the RDH4 on the internet. Andre Jute http://members.lycos.co.uk/fiultra/ 8 October 2007 © This text is copyright Andre Jute 2007. It is given as a public service and may be freely reprinted in not-for-profit publications as long as it is intact and this notice remains with it. |
RDH4 COPYRIGHT -- THE MASTER FACT FILE
On Oct 8, 9:56 am, Andre Jute wrote:
RDH4 COPYRIGHT -- THE MASTER FACT FILE by Andre Jute COPYRIGHT AS PROPERTY Copyright is property. Generally speaking, the author of a book creates the copyright and owns it. There are essentially 2 copyright regimes, the copyright of literary expression (the words) and the copyright of the presentation (the printing of the book). The author generally owns the former, the publisher generally owns the latter. An editor of a book (eg. F L-S) generally does not own anything. The copyright can be freely assigned and traded to other people and organisations. Its hard to say who owns copyright of old books without contacting the cited owner and following the trail of ownership to the present day. My 2c, Glenn. |
RDH4 COPYRIGHT -- THE MASTER FACT FILE
flipper wrote:
On Sun, 07 Oct 2007 21:42:25 -0400, Stewart Schooley wrote: Your account doesn't take into consideration the "fair use" doctrine of U.S. law. The "fair use" exemption to (U.S.) copyright law was created to allow things such as commentary, parody, news reporting, research and education about copyrighted works without the permission of the author. That's vital so that copyright law doesn't block your freedom to express your own works Notice the words research and education. Also this; Section 107 contains a list of the various purposes for which the reproduction of a particular work may be considered “fair,” such as criticism, comment, news reporting, teaching, scholarship, and research. Teaching, scholarship, and research Stewart Not applicable It is applicable because the OP didn't give a complete accounting of copyright law. |
RDH4 COPYRIGHT -- THE MASTER FACT FILE
On Oct 7, 8:03 pm, glenbadd wrote:
On Oct 8, 9:56 am, Andre Jute wrote: RDH4 COPYRIGHT -- THE MASTER FACT FILE by Andre Jute COPYRIGHT AS PROPERTY Copyright is property. Generally speaking, the author of a book creates the copyright and owns it. There are essentially 2 copyright regimes, the copyright of literary expression (the words) and the copyright of the presentation (the printing of the book). The author generally owns the former, the publisher generally owns the latter. An editor of a book (eg. F L-S) generally does not own anything. The copyright can be freely assigned and traded to other people and organisations. Its hard to say who owns copyright of old books without contacting the cited owner and following the trail of ownership to the present day. My 2c, Glenn. Tres exactement! However, in this case of the RDH4 each of the points you make is resolved and important in its resolution. The editor, Langford-Smith, and other contributing authors, are important because under Australian law the *term* of a corporate copyright is tied to their lifetimes, i.e. 70 calendar years from when the last one dies. In this case it is easy to determine who owns the copyright of this important old book, the RDH4, because when Newnes brought out a facsimile edition in 1997, they trumpeted their mother ship's ownership fo the copyright to the skies by printing in every copy: cReed Educational and Professional Publishing Ltd 1997 Your point about the copyright and the setting being separate pieces of property: that's significant, and the copyright thieves who make PDFs to offer over the net perforce steal the setting too. An example is the thieves Gregg, Tim Williams and Choky Prodanovic who offer a stolen RDH4 from a Canadian netsite; they have cut away the title page and the copyright notice in an effort to disguise which edition and whose typesetting they stole. But there was ever only one typesetting which the present copyright owner bought together with the copyright, so the thieves shot themselves in the foot, because the deletion of the title page and copyright page confirm their intention of stealing the copyright. By the way, the editor doesn't always own nothing, especially if he is more accurately described as a compiler. In the middle nineties I conceived and packaged a set of books for Batsford and acted as general editor, and retained a third of the royalties even on those I didn't write, because the overall concept and ideas for the books were mine. Each case must be judged on its merits, **** RDH4 COPYRIGHT -- THE MASTER FACT FILE by Andre Jute COPYRIGHT AS PROPERTY Copyright is property. Generally speaking, the author of a book creates the copyright and owns it. In most of the civilized world the copyright is protected by national and international law for the author's lifetime plus 70 years from the year after the year in which he dies. The countries in which this true includes those in the EU, America, and many in the Commonwealth, including Australia. Copyright across borders is protected both by international agreement and by mutual reciprocity arrangements between nations. THE CREATION OF COPYRIGHT: AUTOMATIC AND PRESUMPTIVE Copyright is automatic and presumptive. Automatic means the work does not have to be registered, or even covered by a copyright notice and/ or symbol, because the copyright protection comes into being the moment the work is created. Presumptive means the law assumes the creator or his successors own it, and all pretenders must prove otherwise. RDH4: AUSTRALIAN ORIGIN AND FIRST OWNERSHIP The Radio Designer's Handbook is an Australian book. The Fourth Edition, an entirely new book compared to the Third Edition, was published in 1953 and followed at later date(s) with substantially revised and enlarged edition(s). It is the work of ten authors and twenty-three collaborating engineers. The Editor was F. Langford- Smith, an employee of Amagamated Wireless Valve of Sydney, Australia. Under Australian law AWV became the first copyright holder. Note that Australian law the term of such a corporately held copyright runs not from publication but for the term of the *author's life* plus 70 calender years. IS THE RDH4 IN THE PUBLIC DOMAIN? No, of course not. Assuming that all the authors were dead at publication (clearly very unlikely as they made revisions and addenda for years afterwards!), 70 calendar years from 1953 will be 2024. So the question of the RDH4 entering the public domain cannot even arise until the end of 2024. The material in the later revised and enlarged edition will be protected even beyond that. WHEN WILL THE RDH4 ENTER THE PUBLIC DOMAIN? The RDH4 will enter the public domain 70 years after someone proves that the last of the authors is dead. Since there are at least 33 of them, plus possibly additional parties who wrote revisions and made additions, some of them perhaps newly graduated engineers in the dozen or so years after 1953, the likelihood is that several of them are still alive. (I wish them much longer life!) The question cannot even begin to be asked until sometime between 2024 and 2038. AWV NO LONGER EXISTS. DID THE COPYRIGHT DIE WITH THE CORPORATION? Copyright of the RDH4 is tied to the life of the author; it cannot be exhausted before 70 years after the life of the author has passed. Someone *always* owns it. The AWV copyright was acquired by Reed- Elseviers, a major publishing group. In 1997 the Newnes scientific and engineering imprint of Reed published a facsimile edition of the last, revised and expanded RDH4. Newnes proudly printed the copyright holder's name in every copy: cReed Educational and Professional Publishing Ltd 1997 Anyone who wants to exploit the RDH4 copyright requires a license from Reed. WHAT ABOUT THOSE WHO DISTRIBUTE THE RDH4 ON THE INTERNET? Unless they have a license from the copyright holder, they're thieves. One set of thieves in Canada, for instance, lie about Canadian copyright law to make it appear to the ignorant as if the RDH is out of copyright (it isn't!) and then they cut off the title page and copyright notice from the copy they offer in an effort to make their lie work. Both these activities (lying about copyright, cutting off title and copyright pages) are criminal acts, quite aside from the theft of the copyright. The expensive typesetting of the book is another piece of property, another theft when they scan it to PDF. BUT THEY SAY OTHERS HAVE GOT AWAY WITH IT, SOMETIMES FOR A LONG TIME The fact that they have stolen property repeatedly doesn't make it theirs. Even the fact that the rightful owner doesn't object doesn't excuse their crime, or act as a defense in law. The presumptive nature of copyright ownership implies that the owner needs do nothing, until one day he chooses to make an example of some thief. There are no squatters' rights in copyright. WHAT ABOUT THE MIRRORS OF THE NETTHIEVES OF THE RDH4? The operators of the mirrors, and their ISP's, are guilty of copyright theft under the laws of their own countries, and complicit in the criminal act of cutting away the title page and copyright notice; they are also complicit in the seperate crime of theft of the typesetting. WHAT ABOUT PEOPLE WHO REPRINT THE RDH4 ON CD ETC? I imagine they have licences from Reed. That is standard practice for respectable publishers. It is open to anyone to approach the copyright holder with an offer to negotiate a license to publish the RDH4. BUT THE LAW IN MY COUNTRY IS DIFFERENT It may seem so. But usually, on deeper enquiry, you will discover a reciprocity arrangement which, in the majority of cases, permit the books of a foreign author or publisher to be treated in your country as if the laws of the foreign country applies. CAN COPYRIGHT LAW REALLY BE THIS SIMPLE AND STRAIGHFORWARD? For honest people the answer, surprisingly, is yes! But it is true that for the dishonest, who wriggle and turn and lie to try and claim a book is out of copyright when it isn't, and of course for lawyers, copyright can be subtle and sometimes tricky. Check out the bit above where in Australia the term of a corporate copyright is the *author's life plus 70 calendar years*; in America the corresponding term for a corporate copyright is *95 years from publication*. In the global village that sort of difference, and reciprocity agreements relating to the treatment of such differences, can easily trip up the careless, but only professionals really need to get in that deep. I hope these notes help everyone understand why it is theft to give away copies of the RDH4 on the internet. Andre Jute http://members.lycos.co.uk/fiultra/ 8 October 2007 © This text is copyright Andre Jute 2007. It is given as a public service and may be freely reprinted in not-for-profit publications as long as it is intact and this notice remains with it. |
RDH4 COPYRIGHT -- THE MASTER FACT FILE
In rec.antiques.radio+phono Andre Jute wrote:
In this case it is easy to determine who owns the copyright of this important old book, the RDH4, because when Newnes brought out a facsimile edition in 1997, they trumpeted their mother ship's ownership fo the copyright to the skies by printing in every copy: cReed Educational and Professional Publishing Ltd 1997 So, I presume you asked them what their position is on this copyright before posting your rants? If so, what is their position? If they still own this copyright, that is, since your information is 10 years old. |
RDH4 COPYRIGHT -- THE MASTER FACT FILE
On Oct 8, 2:45 am, wrote:
In rec.antiques.radio+phono Andre Jute wrote: In this case it is easy to determine who owns the copyright of this important old book, the RDH4, because when Newnes brought out a facsimile edition in 1997, they trumpeted their mother ship's ownership fo the copyright to the skies by printing in every copy: cReed Educational and Professional Publishing Ltd 1997 So, I presume you asked them what their position is on this copyright Presumption is no substitute for understanding the facts and the implications. Why should I ask the copyright holders anything? I don't intend taking a license to republish. I am merely indicating to thieves who lie that the RDH4 is out of copyright where they can discover the true position. Since you're so keen, perhaps you should ask the thieves Gregg, Tim Williams and Choky Prodanovic to withdraw the stolen RDH4 from the net while they enquire into the copyright position. before posting your rants? Why is set of relevant facts published as a public service a "rant"? Or is your abusive terminology merely symptomatic of your choice to side with thieves, a reaction to seeing them exposed as thieves? If so, what is their position? If you are interested, you should ask them. But if you had read and understood "RDH4 COPYRIGHT -- THE MASTER FACT FILE", you would understand that the copyright owner's "position", or lack of one, or lack of expression of one, is irrelvant to the facts and morality of these thefts of RDH4 copyright. Read the section about copyright being presumptive in law once more, and ask someone with good English comprehension to interpret it to you. If they still own this copyright, that is, since your information is 10 years old. There is no known reason to suppose they no longer own the copyright. There is in the practice of publishing no obvious reason for them to have passed it on. It is furthermore irrelevant whether they passed it on: when you approach a previous copyright holder he merely tells you he sold the rights on and who to, and you move along the chain. Once you understand that, the key fact is not how old my information is but that the copyright of the RDH4, in the ownership of whosoever, cannot be exhausted before 2024 at the earliest, and possibly much later, and therefore any unlicensed use is ipso facto theft. In short: There is no way the RDH4 copyright can be without an owner, therefore any unlicensed use is theft. Here, for your convenience, are my notes again in full: **** RDH4 COPYRIGHT -- THE MASTER FACT FILE by Andre Jute COPYRIGHT AS PROPERTY Copyright is property. Generally speaking, the author of a book creates the copyright and owns it. In most of the civilized world the copyright is protected by national and international law for the author's lifetime plus 70 years from the year after the year in which he dies. The countries in which this true includes those in the EU, America, and many in the Commonwealth, including Australia. Copyright across borders is protected both by international agreement and by mutual reciprocity arrangements between nations. THE CREATION OF COPYRIGHT: AUTOMATIC AND PRESUMPTIVE Copyright is automatic and presumptive. Automatic means the work does not have to be registered, or even covered by a copyright notice and/ or symbol, because the copyright protection comes into being the moment the work is created. Presumptive means the law assumes the creator or his successors own it, and all pretenders must prove otherwise. RDH4: AUSTRALIAN ORIGIN AND FIRST OWNERSHIP The Radio Designer's Handbook is an Australian book. The Fourth Edition, an entirely new book compared to the Third Edition, was published in 1953 and followed at later date(s) with substantially revised and enlarged edition(s). It is the work of ten authors and twenty-three collaborating engineers. The Editor was F. Langford- Smith, an employee of Amagamated Wireless Valve of Sydney, Australia. Under Australian law AWV became the first copyright holder. Note that Australian law the term of such a corporately held copyright runs not from publication but for the term of the *author's life* plus 70 calender years. IS THE RDH4 IN THE PUBLIC DOMAIN? No, of course not. Assuming that all the authors were dead at publication (clearly very unlikely as they made revisions and addenda for years afterwards!), 70 calendar years from 1953 will be 2024. So the question of the RDH4 entering the public domain cannot even arise until the end of 2024. The material in the later revised and enlarged edition will be protected even beyond that. WHEN WILL THE RDH4 ENTER THE PUBLIC DOMAIN? The RDH4 will enter the public domain 70 years after someone proves that the last of the authors is dead. Since there are at least 33 of them, plus possibly additional parties who wrote revisions and made additions, some of them perhaps newly graduated engineers in the dozen or so years after 1953, the likelihood is that several of them are still alive. (I wish them much longer life!) The question cannot even begin to be asked until sometime between 2024 and 2038. AWV NO LONGER EXISTS. DID THE COPYRIGHT DIE WITH THE CORPORATION? Copyright of the RDH4 is tied to the life of the author; it cannot be exhausted before 70 years after the life of the author has passed. Someone *always* owns it. The AWV copyright was acquired by Reed- Elseviers, a major publishing group. In 1997 the Newnes scientific and engineering imprint of Reed published a facsimile edition of the last, revised and expanded RDH4. Newnes proudly printed the copyright holder's name in every copy: cReed Educational and Professional Publishing Ltd 1997 Anyone who wants to exploit the RDH4 copyright requires a license from Reed. WHAT ABOUT THOSE WHO DISTRIBUTE THE RDH4 ON THE INTERNET? Unless they have a license from the copyright holder, they're thieves. One set of thieves in Canada, for instance, lie about Canadian copyright law to make it appear to the ignorant as if the RDH is out of copyright (it isn't!) and then they cut off the title page and copyright notice from the copy they offer in an effort to make their lie work. Both these activities (lying about copyright, cutting off title and copyright pages) are criminal acts, quite aside from the theft of the copyright. The expensive typesetting of the book is another piece of property, another theft when they scan it to PDF. BUT THEY SAY OTHERS HAVE GOT AWAY WITH IT, SOMETIMES FOR A LONG TIME The fact that they have stolen property repeatedly doesn't make it theirs. Even the fact that the rightful owner doesn't object doesn't excuse their crime, or act as a defense in law. The presumptive nature of copyright ownership implies that the owner needs do nothing, until one day he chooses to make an example of some thief. There are no squatters' rights in copyright. WHAT ABOUT THE MIRRORS OF THE NETTHIEVES OF THE RDH4? The operators of the mirrors, and their ISP's, are guilty of copyright theft under the laws of their own countries, and complicit in the criminal act of cutting away the title page and copyright notice; they are also complicit in the seperate crime of theft of the typesetting. WHAT ABOUT PEOPLE WHO REPRINT THE RDH4 ON CD ETC? I imagine they have licences from Reed. That is standard practice for respectable publishers. It is open to anyone to approach the copyright holder with an offer to negotiate a license to publish the RDH4. BUT THE LAW IN MY COUNTRY IS DIFFERENT It may seem so. But usually, on deeper enquiry, you will discover a reciprocity arrangement which, in the majority of cases, permit the books of a foreign author or publisher to be treated in your country as if the laws of the foreign country applies. CAN COPYRIGHT LAW REALLY BE THIS SIMPLE AND STRAIGHFORWARD? For honest people the answer, surprisingly, is yes! But it is true that for the dishonest, who wriggle and turn and lie to try and claim a book is out of copyright when it isn't, and of course for lawyers, copyright can be subtle and sometimes tricky. Check out the bit above where in Australia the term of a corporate copyright is the *author's life plus 70 calendar years*; in America the corresponding term for a corporate copyright is *95 years from publication*. In the global village that sort of difference, and reciprocity agreements relating to the treatment of such differences, can easily trip up the careless, but only professionals really need to get in that deep. I hope these notes help everyone understand why it is theft to give away copies of the RDH4 on the internet. Andre Jute http://members.lycos.co.uk/fiultra/ 8 October 2007 © This text is copyright Andre Jute 2007. It is given as a public service and may be freely reprinted in not-for-profit publications as long as it is intact and this notice remains with it. |
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