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An object of Archaeological significance is anything over 20 years of age. As a consequence patents and copyright terminate at 20 years under international law and the object becomes public property.
THat would mean that D&D, and pretty much the entire game created back in the seventies and eighties is public property.
Comments?
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...Comments?
This is true of material published before 1978, unless the copyright owner renews the copyright. All of TSR's old copyrights are currently up-to-date and held in the US Copyright and Patent Office by WotC, and these copyrights are recognized by Australia among most other major nations.
For the long of it...
How Long Copyright Protection Endures
Works Originally Created on or after January 1, 1978
A work that was created (fixed in tangible form for the first time) 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. In the case of “a joint work prepared by two or more authors who did not work for hire,” the term lasts for 70 years after the last surviving author’s death. For works made for hire, and for anonymous and pseudonymous works (unless the author’s identity is revealed in Copyright Office records), the duration of copyright will be 95 years from publication or 120 years from creation, whichever is shorter.
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.
Works Originally Created and Published or Registered before January 1, 1978
Under the law in effect before 1978, copyright was secured either on the date a work was published with a copyright notice or on the date of registration if the work was registered in unpublished form. In either case, the copyright endured for a first term of 28 years from the date it was secured. During the last (28th) year of the first term, the copyright was eligible for renewal. The Copyright Act of 1976 extended the renewal term from 28 to 47 years for copyrights that were subsisting on January 1, 1978, or for pre-1978 copyrights restored under the Uruguay Round Agreements Act (URAA), making these works eligible for a total term of protection of 75 years. Public Law 105-298, enacted on October 27, 1998, further extended the renewal term of copyrights still subsisting on that date by an additional 20 years, providing for a renewal term of 67 years and a total term of protection of 95 years.
Public Law 102-307, enacted on June 26, 1992, amended the 1976 Copyright Act to provide for automatic renewal of the term of copyrights secured between January 1, 1964, and December 31, 1977. Although the renewal term is automatically provided, the Copyright Office does not issue a renewal certificate for these works unless a renewal application and fee are received and registered in the Copyright Office.
Public Law 102-307 makes renewal registration optional. Thus, filing for renewal registration is no longer required to extend the original 28-year copyright term to the full 95 years. However, some benefits accrue to renewal registrations that were made during the 28th year.
For more detailed information on renewal of copyright and the copyright term, request Circular 15, Renewal of Copyright; Circular 15a, Duration of Copyright; and Circular 15t, Extension of Copyright Terms.
Transfer of Copyright
Any or all of the copyright owner’s exclusive rights or any subdivision of those rights may be transferred, but the transfer of exclusive rights is not valid unless that transfer is in writing and signed by the owner of the rights conveyed or such owner’s duly authorized agent. Transfer of a right on a nonexclusive basis does not require a written agreement.
A copyright may also be conveyed by operation of law and may be bequeathed by will or pass as personal property by the applicable laws of intestate succession.
Copyright is a personal property right, and it is subject to the various state laws and regulations that govern the ownership, inheritance, or transfer of personal property as well as terms of contracts or conduct of business. For information about relevant state laws, consult an attorney.
Transfers of copyright are normally made by contract. The Copyright Office does not have any forms for such transfers. The law does provide for the recordation in the Copyright Office of transfers of copyright ownership. Although recordation is not required to make a valid transfer between the parties, it does provide certain legal advantages and may be required to validate the transfer as against third parties. For information on recordation of transfers and other documents related to copyright, request Circular 12Recordation of Transfers and Other Documents.
Termination of Transfers
Under the previous law, the copyright in a work reverted to the author, if living, or if the author was not living, to other specified beneficiaries, provided a renewal claim was registered in the 28th year of the original term.* The present law drops the renewal feature except for works already in the first term of statutory protection when the present law took effect. Instead, the present law permits termination of a grant of rights after 35 years under certain conditions by serving written notice on the transferee within specified time limits. For works already under statutory copyright protection
For works already under statutory copyright protection before 1978, the present law provides a similar right of termination covering the newly added years that extended the former maximum term of the copyright from 56 to 95 years. For further information, request Circulars 15a and 15t.
*Note: The copyright in works eligible for renewal on or after June 26, 1992, will vest in the name of the renewal claimant on the effective date of any renewal registration made during the 28th year of the original term. Otherwise, the renewal copyright will vest in the party entitled to claim renewal as of December 31st of the 28th year.
International Copyright Protection
There is no such thing as an “international copyright” that will automatically protect an author’s writings throughout the entire world. Protection against unauthorized use in a particular country depends, basically, on the national laws of that country. However, most countries do offer protection to foreign works under certain conditions, and these conditions have been greatly simplified by international copyright treaties and conventions. For further information and a list of countries that maintain copyright relations with the United States, request Circular 38a, International Copyright Relations of the United States.
Australia (and the other Commonwealth Nations) agreed to enforce and parallel US Copyrights at the following associative dockets held in Sydney, London and elsewhere, over the last century:
Bilateral March 15, 1918
Berne April 14, 1928 (Paris)2
UCC Geneva May 1, 1969
Phonograms June 22, 1974
UCC Paris Feb. 28, 1978
SAT Oct. 26,1990
WTO Jan. 1, 1995
So...by both US and Australian law, WotC is recognized in ownership of the copyrights to all that old stuff, including CM6...
An object of Archaeological significance is anything over 20 years of age. As a consequence patents and copyright terminate at 20 years under international law and the object becomes public property.
THat would mean that D&D, and pretty much the entire game created back in the seventies and eighties is public property.
Comments?
That's ridiculous. It make me an object of archaeological significance and you may as well declare me public property by the same erroneous extension.
Perhaps you should reprint the law that concerns you in its entirety if you wish to speculate on its ramifications.
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In the US a vehicle is considered a "classic" at 20 years... but I would never call the 1981 Vega station wagon my mom had a classic car or an historical artifact... Does you argument suggest that my 21 year old car is now public property? Would that make it a State asset, or something anyone could take from me? That's an extreme interpretation.
Now, the Donkey Kong and Q-bert puff-stickers I stuck on the dashboard... those are true artifacts...
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In the US a vehicle is considered a "classic" at 20 years... but I would never call the 1981 Vega station wagon my mom had a classic car or an historical artifact... Does you argument suggest that my 21 year old car is now public property? Would that make it a State asset, or something anyone could take from me? That's an extreme interpretation.
Now, the Donkey Kong and Q-bert puff-stickers I stuck on the dashboard... those are true artifacts...
I would suggest that under international laws governing Antiquities and archaeolgical "objects" describing an archaeological object as 20+ years as public property and thus terminating copyright and patents.
I would also suggest that the 10 year refresh on patents and copyrights is recognition of this fact and that consequently D&D is public property. I would also suggest that this is why the game engine was radically changed when D&D reached Age: 20 back in the 90s.
YD, do you suffer from Asperger Syndrome by any chance?
YD, do you suffer from Asperger Syndrome by any chance?No. I dont eat KFC or suffer any side-effects of 11 secret herbs and spices.
11 herbs and spices? You mean pepper, salt and msg, right?
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11 herbs and spices? You mean pepper, salt and msg, right?YD, do you suffer from Asperger Syndrome by any chance?No. I dont eat KFC or suffer any side-effects of 11 secret herbs and spices.
KFC: Cornflour, Salt, Pepper, Capsicum (Cayanne Pepper)...I'd tell you the rest but thugs from KFC would break you in half.
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In the US a vehicle is considered a "classic" at 20 years... but I would never call the 1981 Vega station wagon my mom had a classic car or an historical artifact... Does you argument suggest that my 21 year old car is now public property? Would that make it a State asset, or something anyone could take from me? That's an extreme interpretation.
Now, the Donkey Kong and Q-bert puff-stickers I stuck on the dashboard... those are true artifacts...
I would suggest that under international laws governing Antiquities and archaeolgical "objects" describing an archaeological object as 20+ years as public property and thus terminating copyright and patents.
I would also suggest that the 10 year refresh on patents and copyrights is recognition of this fact and that consequently D&D is public property. I would also suggest that this is why the game engine was radically changed when D&D reached Age: 20 back in the 90s.
I would suggest that you not test this theory by infringing WotC's copyrights. "International law" is a very fuzzy concept generally, and the antiquities law you're describing would definitely be pre-empted by the Berne Convention anyway. The Berne Convention obligates all signatories to apply the copyright law of the home country to any given work, meaning that US law would apply to D&D in all countries that are parties to this agreement.
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RPG Superstar 2009 Top 8
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I would suggest that you not test this theory by infringing WotC's copyrights. "International law" is a very fuzzy concept generally, and the vague antiquities law you're describing would definitely be pre-empted by the Berne Convention anyway.
Okay, but Kruelaid is still public property and we could do whatever we want with him, right?
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Bella Sara Charter Superscriber
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Comments?
Sorry, the vein in my forehead that regulates my ability to digest nonsense ruptured as I was reading your post and I got blood in my eyes, thereby missing the gist of what you were saying, so I can't comment. That being said, I'm fairly certain that the physical injury and destruction of my computer equipment was a more pleasurable experience and a better use of my bodily fluids than composing an on-topic response.
Okay, but Kruelaid is still public property and we could do whatever we want with him, right?Woo hoo! Make me a sammich!
Hold on, hold on. We ought to take into account the possibility that Kruelaid is a work of art, in which case, I think the U.S. has a right to demand return of him as part of our precious cultural heritage.
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Hold on, hold on. We ought to take into account the possibility that Kruelaid is a work of art, in which case, I think the U.S. has a right to demand return of him as part of our precious cultural heritage.Okay, but Kruelaid is still public property and we could do whatever we want with him, right?Woo hoo! Make me a sammich!
Oh, the U.S. is trying to throw its weight around and claim Canadian property again is it?
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Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property 1970
. . .
Article 1
For the purposes of this Convention, the term `cultural property' means property which, on religious or secular grounds, is specifically designated by each State as being of importance for archaeology, prehistory, history, literature, art or science and which belongs to the following categories:
(a) Rare collections and specimens of fauna, flora, minerals and anatomy, and objects of palaeontological interest;
(b) property relating to history, including the history of science and technology and military and social history, to the life of national leaders, thinkers, scientists and artist and to events of national importance;
(c) products of archaeological excavations (including regular and clandestine)
or of archaeological discoveries ;
(d) elements of artistic or historical monuments or archaeological sites which have been dismembered;
(e) antiquities more than one hundred years old, such as inscriptions, coins and engraved seals;
(f) objects of ethnological interest;
(g) property of artistic interest, such as:
(i) pictures, paintings and drawings produced entirely by hand on any support and in any material (excluding industrial designs and manu-factured articles decorated by hand);
(ii) original works of statuary art and sculpture in any material;
(iii) original engravings, prints and lithographs ;
(iv) original artistic assemblages and montages in any material;
(h) rare manuscripts and incunabula, old books, documents and publications of special interest (historical, artistic, scientific, literary, etc.) singly or in collections ;
(i) postage, revenue and similar stamps, singly or in collections;
(j) archives, including sound, photographic and cinematographic archives;
(k) articles of furniture more than one hundred years old and old musical instruments.
That international law?
In no way does it apply to copyrighted material.
It might, theoretically, apply to your original D&D game books. Unfortunately that would just make it an international crime for you to sell them on eBay outside of the US. (Assuming whoever you snatched that PHB 1 from did not hunt you down and collect the xp from you first that is.)
Here is a full page of UNESCO treaties and links.
Oh, the U.S. is trying to throw its weight around and claim Canadian property again is it?Hold on, hold on. We ought to take into account the possibility that Kruelaid is a work of art, in which case, I think the U.S. has a right to demand return of him as part of our precious cultural heritage.Okay, but Kruelaid is still public property and we could do whatever we want with him, right?Woo hoo! Make me a sammich!
As a reasonable person, Mothman, I'm sure you'll recognize the unique benefits an American museum will bring to the display and research of Kruelaid. Of course, if you want to get the lawyers involved, I think we can clearly demonstrate in court that the Canadian claim to this key component of American heritage is not so unambiguous as has been previously presented.
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As a reasonable person, Mothman, I'm sure you'll recognize the unique benefits an American museum will bring to the display and research of Kruelaid. Of course, if you want to get the lawyers involved, I think we can clearly demonstrate in court that the Canadian claim to this key component of American heritage is not so unambiguous as has been previously presented.Oh, the U.S. is trying to throw its weight around and claim Canadian property again is it?Hold on, hold on. We ought to take into account the possibility that Kruelaid is a work of art, in which case, I think the U.S. has a right to demand return of him as part of our precious cultural heritage.Okay, but Kruelaid is still public property and we could do whatever we want with him, right?Woo hoo! Make me a sammich!
No wonder he fled to China.
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Oh, the U.S. is trying to throw its weight around and claim Canadian property again is it?Hold on, hold on. We ought to take into account the possibility that Kruelaid is a work of art, in which case, I think the U.S. has a right to demand return of him as part of our precious cultural heritage.Okay, but Kruelaid is still public property and we could do whatever we want with him, right?Woo hoo! Make me a sammich!
So Jamestown is Canadian Property and The US need to surrender territory so Canada can have it back.
Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property 1970It belongs in a museum!
We have top men examining Kruelaid ... TOP men.
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I would suggest that you not test this theory by infringing WotC's copyrights. "International law" is a very fuzzy concept generally, and the antiquities law you're describing would definitely be pre-empted by the Berne Convention anyway. The Berne Convention obligates all signatories to apply the copyright law of the home country to any given work, meaning that US law would apply to D&D in all countries that are parties to this agreement.
Well considering I went off and developed a D20 Starship Warden Campaign a few years ago (based on key documents by Gary Gygax (and nothing by James Ward) and then said it was better than the "Metamorphosis Alpha" that was being peddled by Ward who had contributed to its development and then gone of and developed his own version, I realy enjoyed being on the receiving end of a Key Word Targeting Virus that took out everything and then now to have learned that they have gone off and developed a d20 version...I now know that international law is poop and that E-Terrorism is how certain nations/corporations work.
Away from this thread a day or to and look what happens to me. Americans poking things into me, taking samples, petroleum jelly.... Sebastian popping veins onto his hardware.
YD, do you suffer from Asperger Syndrome by any chance?
No. I dont eat KFC or suffer any side-effects of 11 secret herbs and spices.
11 herbs and spices? You mean pepper, salt and msg, right?
KFC: Cornflour, Salt, Pepper, Capsicum (Cayanne Pepper)...I'd tell you the rest but thugs from KFC would break you in half.
I think you need to do some research into this. There are no herbs and only one spice: pepper. It should be "2 chemicals and one spice". KFC is full of shit... perhaps literally so, too.
But don't forget to do your research disguised as an emo kid at a cybercafe. Leave no trace, man, they've got their hackers watching. DOn't forget the tin foil, either.
Away from this thread a day or to and look what happens to me. Americans poking things into me, taking samples, petroleum jelly....
Don't look at me man, I'm a WereCanadian. Got the dual citizenship Biotiches!
Waves his oh-so-cool 'don't pick on me whist travelling' Canadian Citizenship card.
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Away from this thread a day or to and look what happens to me. Americans poking things into me, taking samples, petroleum jelly.... Sebastian popping veins onto his hardware.
YD, do you suffer from Asperger Syndrome by any chance?No. I dont eat KFC or suffer any side-effects of 11 secret herbs and spices.11 herbs and spices? You mean pepper, salt and msg, right?KFC: Cornflour, Salt, Pepper, Capsicum (Cayanne Pepper)...I'd tell you the rest but thugs from KFC would break you in half.I think you need to do some research into this. There are no herbs and only one spice: pepper. It should be "2 chemicals and one spice". KFC is full of s@%#... perhaps literally so, too.
But don't forget to do your research disguised as an emo kid at a cybercafe. Leave no trace, man, they've got their hackers watching. DOn't forget the tin foil, either.
THink Again...the major flavour is Cayanne Pepper, and PS I used to be one of thise hackers...in my 20's I was god on a PC...even had a web tracker I wrote so I could follow and identify users who anoyed me. All I had to do was type <WEBTRACKENABLED> and bam! I knew who you were and where you lived and any attatched documents like where you shoped...I was reasonably good.
THen I mellowed, went back to poetry and writing and didnt give a rats whether terrorist flew planes into buildings or not.
I still cant believe the US government would be stupid enough to finance the Taliban in the same month they flew...