Robert Rohde wrote:
On Tue, Mar 25, 2008 at 5:54 AM, Yann Forget
<yann(a)forget-me.net> wrote:
Hello,
I am talking about cases where no actual copyright holder can claim
anything, not about other cases.
I see at least two cases where this occurs:
1. As Ray mentioned, the copyright holder was a corporation which is
bankrupt, and no entity has acquired the rights. This can be determined
fairly accurately.
Maybe, though it is not uncommon for creditors to acquire copyright holdings
from defunct companies, especially if publishing was part of the business of
the company.
Agreed, but as I mentioned above, this can be known fairly accurately.
2. If the
death date of the author is not recorded anywhere, especially
not in any national databases, such as the Library of Congress, how
could you claim any copyright? This is fairly common for translators of
minor works before WW2. If this date is not known, no copyright holder
can claims anything, as the burden of the proof is on the accusation.
Again I don't talk about the fact that the heirs are certainly not aware
of their rights if the date of author's death is not known.
This case I don't understand at all. Either A) you have no reason to
believe the author is dead, in which case the point seems moot since you
ought to be acting on the assumption the author is still alive up to quite
substantial ages. Or B) you somehow have confidence that the author is
dead, even though it wasn't formally recorded, in which case one ought to
assume that the author's heirs could easily demonstrate this in court.
There is a world of difference between "the death date is not publicly
known" and "the death date is not known". The former can happen for a
variety of reasons (e.g. publication under a pseudonym, change of country of
residence, etc.) and yet the rights holder or his heirs may still be
entirely aware of the relevant information and able to provide it in court.
I am talking about cases when the work was published long ago, and the
author is certainly dead, but the exact fate is not known.
A concrete example can explain that most precisely: the book "La Jeune
Inde" is a translation of Mohandas K. Gandhi writings published in
France in 1924. The original texts are from 1919 to 1922, and are
already in the public domain in USA, and will be in India by 1st January
2009, 60 years after Gandhi's death. The translator is Hélène Hart, she
never wrote nor translated anything else beside this book, and her date
of death is not known, even to the French National Library (BNF). I
personaly called the BNF to ask for details. The book was published only
once in 1924, and is out of print since then. If even the BNF does not
know anything about Hélène Hart, I doubt anybody else knows it.
-Robert A. Rohde
Regards,
Yann
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