Welcome

Fortunately within the EU, the 50 year period of copyright on material issued in and upto the 1st half of the 20th century is expiring, moving this material into the public domain.
In combination with electronic distribution, it is possible to share this culturally valuable material where it would not be commercially viable.
- it is therefore primarily intended to promote the appreciation, the preservation and aid research.

The modest intention of this blog is to allow me to highlight some of this material, to perhaps encourage others to discover and enjoy.
If it creates a valid awareness of our rights to access this material, which has often long out of print or available only in very limited numbers, then all the better.

Background

There is a strong difference in the interpretation and enforcement in different countries, particularly with recent legal cases on each side of the Atlantic highlighting these differences.
Given the aggressive push by organisations and corporations within the United States, to enforce copyright laws (globally, often to their advantage and effectively erode our rights), it is particularly interesting given the attitude of the United States to others copyright during the 18th and early 19th Centuries.

I recommend the article over at wikipedia, to get an overview of the situation, perhaps quite different than you might have thought from impressions given by the Music Industry and their lobbying organs - History of Copyright Law

"In Great Britain's North American colonies, reprinting British copyright works without permission had long happened episodically, but only became a major feature of colonial life after 1760. It became more commonplace to reprint British works in the colonies (mostly in the 13 American colonies). The impetus for this shift came from Irish and Scottish master printers and booksellers who had moved to the North American colonies in the mid 18th century.

They were already familiar with the practice of reprinting and selling British copyright works, and continued the practice in North America, and it became a major part of the North American printing and publishing trade.


Robert Bell was an example. He was originally Scottish, and had spent almost a decade in Dublin before he moved to British North America in 1768. His operations, and those of many other colonial printers and booksellers, ensured that the practice of reprinting was well-established by the time of the American Declaration of Independence in 1776. Weakened American ties to Britain coincided with the increase of reprinting outside British copyright controls.
The Irish also made a flourishing business of shipping reprints to North America in the 18th century. Ireland's ability to reprint freely ended in 1801 when Ireland's Parliament merged with Great Britain, and the Irish became subject to British copyright laws.
The printing of uncopyrighted English works for the English-language market also occurred in other European countries. The British government responded to this problem in two ways: 1) it amended its own copyright statutes in 1842, explicitly forbidding import of any foreign reprint of British copyrighted work into the UK or its colonies, and 2) it began the process of reciprocal agreements with other countries. The first reciprocal agreement was with Prussia in 1846. The US remained outside this arrangement for some decades. This was objected to by such authors as Dickens and Mark Twain."

I don't want to get into a fiery discussion regarding opinion on copyright, I'd like to discuss the actual legalities of copyright law and how they effect material now entering the public domain in some geographical areas and how this effects us, given our present communications inter-connected-ness.

Terms of Use

This space for intended to create a place for encouraging the enjoyment and awareness of older music, often long out of print or available in very limited numbers - it is therefore primarily intended to promote preservation and aid research.
Obviously depending upon your present country of residence, downloading and keeping material, in areas other than the EU may breach your country's laws regarding copyright infringement. As a specific illustration, the United States enforces copyright, some 90 years from the date of publishing, whereas copyright in the EU expires after 50 years of either performance or first publication.
I therefore ask you to exercise discretion, I must presume you are adults and part of that is exercising a little self-rule, where applicable
- do not download material if you know it is illegal to do so in your country.

This blog is based within the EU and is therefore entitled to discuss and publish material in order to further that discussion.

June 13, 2008

Information Society Directive (Infosoc)

see wikipedia

This highly controversial Directive was, at the time, the most heavily lobbied measure to pass the European Parliament.[2] In its final form, it includes only very narrow exceptions to anti-circumvention measures and exclusive rights. As a result, it is often regarded as a victory for copyright-owning interests (publishing, film, music and major software companies) over copyright users' interests.

The Treaty of Rome

The Treaty of Rome, signed by France, West Germany, Italy and Benelux (Belgium, the Netherlands and Luxembourg) on March 25, 1957, established the European Economic Community (EEC), an independent supranational economic organization, and came into force on 1 January 1958.

World Intellectual Property Organization Copyright Treaty

The World Intellectual Property Organization Copyright Treaty, abbreviated as the WIPO Copyright Treaty, was an international treaty on copyright law adopted by the member states of the World Intellectual Property Organization (WIPO) in 1996. It provides additional protections for copyright deemed necessary by knowledge monopoly dependent industries due to advances in information technology since the formation of previous copyright treaties before it. There have been a variety of criticisms of this treaty, including that it is overbroad (for example in its prohibition of circumvention of technical protection measures, even where such circumvention is used in the pursuit of legal and fair use rights) and that it applies a 'one size fits all' standard to all signatory countries despite widely differing stages of economic development and knowledge industry.

EU Copyright Directive

For those of us in the European Union.

see wikipedia

On May 22, 2001, the European Union passed the EU Copyright Directive or EUCD, which addresses some of the same issues as the DMCA. But the DMCA's principal innovation in the field of copyright, the exemption from direct and indirect liability of internet service providers and other intermediaries (Title II of the DMCA), was separately addressed, and largely followed, in Europe by means of the separate Electronic Commerce Directive.

Digital Millennium Copyright Act (US)

This part will be of particular to those of you located in the United States of America.

The Digital Millennium Copyright Act (DMCA) is a United States copyright law which implements two 1996 WIPO treaties. It criminalizes production and dissemination of technology, devices, or services that are used to circumvent measures that control access to copyrighted works (commonly known as DRM) and criminalizes the act of circumventing an access control, even when there is no infringement of copyright itself. It also heightens the penalties for copyright infringement on the Internet. Passed on October 12, 1998 by a unanimous vote in the United States Senate and signed into law by President Bill Clinton on October 28, 1998, the DMCA amended title 17 of the U.S. Code to extend the reach of copyright, while limiting the liability of Online Providers from copyright infringement by their users.

WIPO Copyright and Performances and Phonograms Treaties Implementation Act

see wikipedia
It is possible to read the full text of the Treaty here.

WIPO Performances and Phonograms Treaty

The WIPO Performances and Phonograms Treaty (or WPPT) is an international treaty signed by the member states of the World Intellectual Property Organization was adopted in Geneva on December 20, 1996.
The Digital Millennium Copyright Act is the United States's implementation of the treaty (see WIPO Copyright and Performances and Phonograms Treaties Implementation Act). see Wikipedia

WIPO, What is Intellectual Property?

WIPO, What is Intellectual Property?
Taken from "Understanding Copyright and Related Rights", page 20
"The duration of protection of related rights under the Rome Convention is 20 years from the end of the year (a) that the recording is made. In the case of phonograms and performances Included In phonograms. or (b) that the performance took place. In the case of performances not Incorporated In phonograms. or (c) that the broadcast took place. for broadcasts in the TRIPS
Agreement and the WPPT. however. the rights of performers and producers of phonograms are to be protected for 50 years from the date of the fixation or the performance Under the TRIPS Agreement. the rights of broadcasting organizations are to be protected for 20 years from the date of the broadcast. Thus many national laws which protect related rights grant a longer term than the minimum contained In the Rome Convention.
"

Canadian Copyright Act changes tabled, softened

from Electronista
The Canadian government's Industry Minister, Jim Prentice, has today officially tabled Bill C-61, a set of proposed amendments to the country's Copyright Act. Early versions of the changes have been criticized by thousands of citizens -- and a number of businesses and other organizations -- as overly harsh, and too close in nature to the United States' Digital Millennium Copyright Act (DMCA). Prentice has defended amendments as necessary for bringing compliance with the World Intellectual Property Organization treaty Canada signed in 1996.

Today's bill is said to have been somewhat liberalized in response to complaints, and if passed would continue to allow ISPs safe harbor from users' copyright infractions. Similarly, ISPs would only be forced to pass on copyright notices rather than halt illegal material themselves, Reuters notes.

People would also be able to copy legally-bought files at will, but would not only be forbidden from circumventing DRM locks, but even distributing the tools needed to do so. In theory, wording in the legislation could also prevent Canadians from unlocking cellphones. Long-time critic Michale Geist also observes that uploading copyrighted material to YouTube could result in fines as large as $20,000 or more, and ISP provisions may be subject to the proposed, controversial Anti-Counterfeiting Trade Agreement (ACTA).

Time- and format-shifting would remain possible, but files could not be kept indefinitely.

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