[Commons-l] Cool tool that lets you check for copyright renewals on books

Monahon, Peter B. Peter.Monahon at USPTO.GOV
Mon Apr 9 15:33:04 UTC 2007


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I'm not sure I understand the problem in this case.  I think the challenge is trying to use an unattributed illustration.  That is happens to appear in two different sources encourages at least one person to assume it's in the public domain.  Have I got it?
¢
- Peter Blaise
- Monday, April 09, 2007 11:27:49 AM

>> The copyright holder of the book still under copyright would still be
>> the copyright holder thus surely Stewart v. Abend would apply?
>
> I can't see that Stewart v. Abend is really applicable in this
> situation, which is rather different; Stewart v. Abend covers a
> copyrighted work and the details of how rights over a copyrighted work
> pass to the heirs on the author's death and how this affects copyright
> assignments and permission for derivative works.
>
> The scenario I asked about is when two independently copyrighted
> works, where neither is a derivative work of the other, include the
> same image that has not been independently copyrighted.

PS - Regarding web site policing the copyright of open contributions, I'm not sure why anyone but the copyright holder is pursuing such "policing" of their own copyrights and infringements.  I think it rather presumptuous for anyone ELSE to scrutinize contributors and "police" the use of someone else's copyright as if it's their job to act as the author's agent.  I appreciate it's property, just like my home or car.  But, I do not expect anyone to come running after me on the street and say, "Hey, prove you own that car" - unless they alone are the real owner and they know I stole THEIR car.  So, I do not expect someone else who is NOT the original author and / or copyright owner to come running after me and say, "Hey, prove you have the rights to those words / pictures / intellectual property."  My 2¢ today.
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