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RE: [dvd-discuss] [Off-topic] Eldred v. Ashcroft.

--- microlenz@earthlink.net wrote:

> > I wonder if you could make the case for any of the works that were first
> > *published* just after the current public domain boundary that the work was
> > in fact *created* before the boundary, so that the work is in fact public
> > domain.
> It's strange that you mention that...months ago I posted a question regarding
> the publishing of Clark Ashton Smith's juvenilia "Black Diamonds" this
> evening I got an email from the publisher asking if I had gotten any 
> responses. Here's a work written in the 1910's  by an author who died 
> in the 50's and was published in 2002.....the publisher, like myself, 
> seemed to be wondering if anyone could sort it out....

Hmmm. Under the 1976 changes, it sounds like the "common law" copyright was
converted into a Federal copyright that would have belonged to the author had
he not been dead. Since he was dead, it would belong to his estate and
presumably was sold to the publisher. I would then think that if Eldred wins,
it would expire 50 years after the authors death, or if Eldred loses, its
"alterable" experation date would "currently" be life+70.

According to http://www.oceanstar.com/cas/ he died in 1961, so it will expire
in 2011 if Eldred wins.

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