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This page contains all of the posts and discussion on MemeStreams referencing the following web page: The Privilege of the Grave. You can find discussions on MemeStreams as you surf the web, even if you aren't a MemeStreams member, using the Threads Bookmarklet.
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The Privilege of the Grave
by noteworthy at 6:36 pm EST, Dec 17, 2008 |
A bright shiny new Gold Star for Mark Twain: When an entirely new and untried political project is sprung upon the people, they are startled, anxious, timid, and for a time they are mute, reserved, noncommittal. The great majority of them are not studying the new doctrine and making up their minds about it, they are waiting to see which is going to be the popular side. It is desire to be in the swim that makes political parties.
Paul Auster reads from the essay at NPR: Mark Twain died almost a hundred years ago, but this week The New Yorker will publish one of his essays for the first time. It is titled "The Privilege of the Grave," and it speaks of how freedom of speech is exercised better by the dead than the living. Brooklyn-based author Paul Auster reads some excerpts — and those are today's parting words.
(Unfortunately for non-subscribers this essay is currently behind the paywall.) |
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RE: The Privilege of the Grave
by Decius at 11:54 am EST, Dec 18, 2008 |
(Unfortunately for non-subscribers this essay is currently behind the paywall.)
The fact that I even had to look this up is a testament to the absurdity of our intellectual property system: A work that was created on or after January 1, 1978, is automatically protected from the moment of its creation and is ordinarily given a term enduring for the author’s life plus an additional 70 years after the author’s death... Works Originally Created before January 1, 1978, But Not Published or Registered by That Date These works have been automatically brought under the statute and are now given federal copyright protection. The duration of copyright in these works is generally computed in the same way as for works created on or after January 1, 1978: the life-plus-70 or 95/120-year terms apply to them as well. The law provides that in no case would the term of copyright for works in this category expire before December 31, 2002, and for works published on or before December 31, 2002, the term of copyright will not expire before December 31, 2047.
Unfortunately, this is still confusing. This work was created by an author who died in 1910. 1910 plus 70 is 1980. So, this work ought to be in the public domain. Therefore it is a disservice that it has been placed behind the New Yorker's pay wall, and you've the right to republish it in full on MemeStreams. However, this is where it gets odd. The law provides that in no case would the term of copyright for works in this category expire before December 31, 2002. So, its not 1980, its 2002. I guess. But it gets even more bizarre. If the work was published sometime between 1978 and 2002, apparently the term of copyright would not expire until 2047. Thats lifetime of the author plus 135 years! Presumably because the New Yorker waited until 2008, the copyright expired in 2002, which is lifetime of the author plus 92 years. Doesn't it seem counter intuitive that by waiting to publish this the New Yorker shortened the length of its copyright protection? No less counter intuitive, perhaps, than the notion that intellectual property rights ought to be held for centuries in the first place. Do we need to get a lawyer in order to find out whether or not we can republish this thing? |
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RE: The Privilege of the Grave
by Dagmar at 1:52 pm EST, Dec 19, 2008 |
Decius wrote: Do we need to get a lawyer in order to find out whether or not we can republish this thing?
Maybe, but the republishing of something doesn't "refresh" the 70/95/120 timer, so to speak. Maybe that's where you're getting confused. |
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RE: The Privilege of the Grave
by Decius at 2:12 pm EST, Dec 19, 2008 |
Dagmar wrote: Decius wrote: Do we need to get a lawyer in order to find out whether or not we can republish this thing?
Maybe, but the republishing of something doesn't "refresh" the 70/95/120 timer, so to speak. Maybe that's where you're getting confused.
First, this has never been published before the New Yorker published it.
Second, apparently the date of publication effects the expiration of the copyright.
Third, I have no reason to suspect that the summary provided by copyright.gov provides all of the details of the law. I'm not confused about what it says. I'm wondering if the law also says other things that copyright.gov hasn't spelled out here. |
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