Copyright question

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Does anyone know how long a work of fiction remains under copyright in a)the UK, b)the USA (or is there a global copyright agreement?). I think I read somewhere 60 years, is this correct?

R.T., Tuesday, 16 March 2004 15:31 (twenty-two years ago)

It's always life of the author PLUS 60 or maybe 75 years. It's just changed in the U.S., I think to match Europe. Or maybe because of Disney and Mickey Mouse. Not sure the exact time span. Sorry.

Skottie, Tuesday, 16 March 2004 15:39 (twenty-two years ago)

I think it was recently extended to 70 years.

Jerry the Nipper (Jerrynipper), Tuesday, 16 March 2004 15:41 (twenty-two years ago)

Why? Do you want to re-release a best seller under your own name? Why that's a great idea!

Rumpy Pumpkin (rumpypumpkin), Tuesday, 16 March 2004 15:43 (twenty-two years ago)

its 70 years after the author's death. in the uk, at least.

hobart paving (hobart paving), Tuesday, 16 March 2004 15:43 (twenty-two years ago)

Hmmm. "Great Expectations" by Mark S. Grout. It has a ring to it...

mark grout (mark grout), Tuesday, 16 March 2004 15:44 (twenty-two years ago)

Thanks for the answers. 70 years after an author's death is a hell of a long time. I was just daydreaming about a vague publishing idea concerning pulps from the 20s and 30s.

R.T, Tuesday, 16 March 2004 15:48 (twenty-two years ago)

Acquiring the rights to old material can often be rather cheap.

Skottie, Tuesday, 16 March 2004 15:49 (twenty-two years ago)

if it's a corporate copyright, it's now 95 years from date of copyright.

Girolamo Savonarola, Wednesday, 17 March 2004 00:57 (twenty-two years ago)

four years pass...

New copyright question. I'm about to hand in my Masters dissertation on Tuesday. I interviewed some kids about some texts based on a novel. I realised that I should include the (slightly adapted) excerpts I used as appendices (around 5 pages worth out of 400-odd pages). I'm pretty sure no-one's going to bat an eye at this, but... what if the examiners go all strict on me? Would I be infringing copyright? Many thanks for any advice - I am too busy writing up to find a plausible answer on the net...

ljubljana, Saturday, 23 August 2008 21:38 (seventeen years ago)

It's a Scottish novel btw. No idea if that makes a difference.

ljubljana, Sunday, 24 August 2008 07:16 (seventeen years ago)

(slightly adapted)?

Ned Trifle II, Sunday, 24 August 2008 08:05 (seventeen years ago)

I changed about 5% of the text to make it easier to understand and chopped one or two sentences.

ljubljana, Sunday, 24 August 2008 08:34 (seventeen years ago)

can you not just block quote and cite?

tehresa, Sunday, 24 August 2008 08:36 (seventeen years ago)

That's what I was thinking, but I suddenly wasn't sure whether, like, 5 full pages is too much. Am I being paranoid?

ljubljana, Sunday, 24 August 2008 08:51 (seventeen years ago)

you are citing 5 full pages all in one chunk or in bits and pieces throughout the paper?

tehresa, Sunday, 24 August 2008 09:01 (seventeen years ago)

All in one chunk. I don't cite anywhere else in the paper - there, I'm citing the participants' responses to the task. This will just be reproducing the task (the excerpt they read) in an appendix.

ljubljana, Sunday, 24 August 2008 09:20 (seventeen years ago)

cite it

conrad, Sunday, 24 August 2008 11:58 (seventeen years ago)

Yep, am citing it in the appendix. 5 pages doesn't tip me over into some magical percentage that infringes copyright?

ljubljana, Sunday, 24 August 2008 12:08 (seventeen years ago)

No, it's 1 chapter or 10% of the total work, whichever is highest, for fair use under English law. Deffo cite it though.

Neil S, Sunday, 24 August 2008 12:15 (seventeen years ago)

Fabulous - thanks Neil, I knew there was some percentage involved. Phew.

ljubljana, Sunday, 24 August 2008 13:33 (seventeen years ago)

Neil OTM - you're fine.

Mark C, Sunday, 24 August 2008 13:47 (seventeen years ago)

Nae bother!

Neil S, Sunday, 24 August 2008 13:56 (seventeen years ago)

Just got to finish writing the fucker now. Thanks again.

ljubljana, Sunday, 24 August 2008 14:40 (seventeen years ago)

six years pass...

I just recently painted a picture of a 'vehicle' from Star Wars, (it's not a direct copy of a scene just an abstract conversion of a tie fighter)

I now suspect that I can't include this in any public portfolio of mine due to Lucas films/Disney copyright, can I?

Had a quick look online before posting this on here, but it looks like a mine field out there and people mostly talking about photography or comic characters.

Drop soap, not bombs (Ste), Friday, 12 December 2014 11:03 (eleven years ago)

I don't think there's an easy answer. You could argue fair use, especially if you're not copying a specific scene, such things tend to get decided on a case by case basis. But what's the worst that could happen, a cease and desist letter?

I once saw a painting of an x-wing at the royal academy summer show.

ledge, Friday, 12 December 2014 11:32 (eleven years ago)

Another thing occurred to me, Lucas nicked the Probe Droid from Jean Giraud anyway.

I guess he could have had permission, I don't know.

Drop soap, not bombs (Ste), Friday, 12 December 2014 11:36 (eleven years ago)

He died a few years ago, sadly.

Just add some funny text to the vehicle's side, and say it's parody, you'll be protected by fair use.

Tuomas, Friday, 12 December 2014 12:00 (eleven years ago)

Giraud, I mean. Lucas is still alive.

Tuomas, Friday, 12 December 2014 12:01 (eleven years ago)

ste it's really kind of a risk assessment question. ledge is probably right that the most likely bad thing that would happen is a takedown notice. i mean, think of ALL the star wars fan art and derivative works out there, it's endless. a lawsuit is very unlikely unless you are selling the work.

fair use is a stretch, US copyright law specifies that it's really just meant for things like "criticism, comment, news reporting, teaching, scholarship, or research." whether a use is fair is determined in court on a case-by-case basis. you can, however, use the four factors of fair use as listed in US copyright law to guide your assessment of whether or not your use is fair:

(1) the purpose and character of the use, including whether such use is of a commercial nature (i.e. are you selling your work?) or is for nonprofit educational purposes;

(2) the nature of the copyrighted work (i.e. are you pulling from a scholarly article or a commercial, artistic work);

(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and

(4) the effect of the use upon the potential market for or value of the copyrighted work (again, are you selling it and is lucas already in the business of selling rights and licenses to make derivative works of his creations).

marcos, Friday, 12 December 2014 16:38 (eleven years ago)

these factors are meant to be weighed holistically. that said there has been some recent cases in which a use is determined to be fair largely in terms of whether it is "transformative", i.e. does your use add a new value, context, or expression of the original work, and was value added to the original work by creating new insights and understandings? this is mostly reflected in the first factor and while the other factors matter, if the use is sufficiently "transformative" it can outweigh the other three factors. this is all determined in court though, which will likely never happen for you

marcos, Friday, 12 December 2014 16:45 (eleven years ago)

five years pass...

lookit

― let me be your friend on the other end! (Karl Malone),Wednesday, 15 April 2020 19:44 (yesterday) bookmarkflaglink

can i talk to someone about this pls

steer calmer (darraghmac), Thursday, 16 April 2020 00:09 (five years ago)


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