Who Said That?

The graduates of McGill University who finished their degrees after World War II ended are the great-grandparents and great-great-grandparents of those who are graduating from university and college over 65 years later.  The quotes beside each graduates’ name speaks volumes of how they interpreted the world around them.  Since most of the quotes fail to acknowledge the author of the quote, I thought it would be fun to see how many of these quotes are recognized by those who follow or visit my blog.  Today’s quote is this:

My salad days, when I was green in judgement …

Feel free to add the name of who you believe was — or may have been — the person who first spoke or first wrote those words, in the Comments Section below.

The Confusing World Of Copyright (Part 1)

Public Domain Definition

The issue of copyrights in music seems to be fraught with confusion and misunderstanding, even when it comes to matters of music considered to be in the Public Domain.  Just because a composition or song is in the public domain doesn’t mean that there are no copyrights whatsoever, and just because there are certain copyrights attached to a composition or song doesn’t mean that the composition or song isn’t in the public domain.

Since compositions or songs in the public domain no longer need authorization from the original copyright owner, many are under the impression that this means that no copyright can exist for compositions or songs in the public domain.  That is a flawed interpretation.

Copyright is the legal term that addresses the rights of creators over their intellectual properties, but not over ideas, procedures, methods of operation or mathematical concepts.  It may not extend to titles, slogans, or logos, however titles, slogans, or logos may be covered by trademark.

To understand the history of copyrights, it’s important to know that the first copyright act — the Berne Convention, also known as the Convention for the Protection of Literary and Artistic Works — was signed in Berne, Switzerland on September 9, 1886.

The current version of the convention is the Paris Act of 1971 (amended on September 28, 1979), and is administered by the World Intellectual Property Organization (WIPO).  Currently, 164 out of 196 countries around the world are signatories to this Convention, including Canada and the United States.

When a translation, musical arrangement, dramatization, motion picture version, recording, abridgement, et al, is made, it is called a “derivative work.”

When it comes to works in the public domain, it means that copyright no longer exists on the work.  This means that no one can legally block a derivative work of the original work from being written, performed, or commercialized.

According to the Copyright Act of 1976, derivative works are also called “new versions.”  As such, while there is no copyright protection for the public domain material, copyright protection exists for the new version.  This means that there is a clearly defined threshold of originality where the law recognizes where derivation begins and where original content stops.

For example, a Christmas carol in the public domain no longer enjoys copyright protection, however, the arrangement of a Christmas carol in the public domain is protected and the arranger has the legal right to include a copyright notice on the arrangement.

How is this possible?  Because the exclusive right is specifically for the arrangement, which is the arranger’s original work, and not the public domain work.

And how do you find out if an original work is in the public domain?  There are a number of reliable ways to do this.  For example, if you were searching for information on a composition or song, these are some of the avenues that may provide the correct answer in your search.

  • Original Book with the Public Domain copyright date on the Title page.
  • Original Sheet Music with the Public Domain copyright date.
  • Digital copy of the book or music with the Public Domain copyright date, sourced from a reputable source.
  • Research the title in the Catalog of Copyright Entries from the U.S. Copyright Office.
  • Contact established agencies responsible for licensing agreements.
  • Checking databases such as the ones found at PDInfo.com, CPDL.org, and cyberhymnal.org.
  • Checking with performing rights organizations such as ASCAP, BMI, SOCAN, SESAC, etc.

While this article only provides a small peek into the intricacies of copyrights, it does help untangle a bit of the public domain knot that trips people up from time to time.

Elyse Bruce

SPECIAL NOTE:

The following sources were used to write this article.
 
U.S. Copyright Act of 1976, 17 U.S. Code § 101 – Definitions
U.S. Copyright Act of 1976, 17 U.S. Code § 103 – Subject matter of copyright: Compilations and Derivative Works
U.S. Copyright Office, Library of Congress:  Circular 14, Copyright In Derivative Works And Compilations
U.S. Copyright Office, Library of Congress:  Circular 22, How to Investigate the Copyright Status of a Work
Canadian Intellectual Property Office
Canada Copyright Act of 1988
U.K. Copyright, Designs, and Patent Act of 1988
U.K. Copyright Service, Fact Sheet P-03: Using Copyright Notices
U.K. Copyright Service, Fact Sheet P-22: Derivative Works
WIPO Copyright Treaty, 1996

Who Said That?

The graduates of McGill University who finished their degrees after World War II ended are the great-grandparents and great-great-grandparents of those who are graduating from university and college over 65 years later.  The quotes beside each graduates’ name speaks volumes of how they interpreted the world around them.  Since most of the quotes fail to acknowledge the author of the quote, I thought it would be fun to see how many of these quotes are recognized by those who follow or visit my blog.  Today’s quote is this:

Knowledge is more than equivalent to force.

Feel free to add the name of who you believe was — or may have been — the person who first spoke or first wrote those words, in the Comments Section below.

Who Said That?

The graduates of McGill University who finished their degrees after World War II ended are the great-grandparents and great-great-grandparents of those who are graduating from university and college over 65 years later.  The quotes beside each graduates’ name speaks volumes of how they interpreted the world around them.  Since most of the quotes fail to acknowledge the author of the quote, I thought it would be fun to see how many of these quotes are recognized by those who follow or visit my blog.  Today’s quote is this:

Reason is the slave of passion.

Feel free to add the name of who you believe was — or may have been — the person who first spoke or first wrote those words, in the Comments Section below.

Lovin’ The View

As a follow-up to yesterday’s entry announcing the publication of the “Amazing Adventures” anthology edited and published by award-winning author and scriptwriter, Joel Mark Harris, today I’m posting a snippet of a review.  I’m specifically sharing the review of the illustrations I created for each short story.

Reviewers generally focus on the short stories in an anthology, and rarely (if ever) review the illustrations … although they occasionally mention the cover.  Imagine my delight when I read this in the review at BestChapLit that spoke specifically about the artwork!

BestChapLit_17 Sept 2014
It’s rewarding to hear a reviewer stated that my illustrations “perfectly captured the genre with intriguing, colorful pictures drawn with dark hues and a childlike representation of criminal activities.”

If you’re interested in having canvas or poster prints from the book, I have a Zazzle store at www.zazzle.com/ElyseBruce* where you can pick up prints or a deck of cards or keychains.  Click through HERE and peruse the items based on the artwork from the “Amazing Adventures” anthology.

And stay tuned as tomorrow’s entry on this blog is another round of “Who Said That?

Elyse Bruce

Selection on Zazzle

 

Amazing Adventures!

TDT and EB Poster_MEDIUM
If you love the book, you’ll want to see more at the Elyse Bruce Zazzle store!

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