Is this legal?

    
Is this legal?    18:48 on Sunday, February 5, 2006          

Account Closed
(3248 points)
Posted by Account Closed

http://cgi.ebay.com/WMS-Haynes-and-VQ-Powell-Flute-The-Facts-and-Figures_W0QQitemZ7388389858QQcategoryZ10183QQrdZ1QQcmdZViewItem

I have notice this seller on ebay who in the beginning said that he only had a couple copies left of this. Now, he seems to be selling a LOT of them. Is is legal what he is doing? Shouldn`t there be some kind of copyright law?


Re: Is this legal?    20:34 on Sunday, February 5, 2006          

AnneMarii
(100 points)
Posted by AnneMarii

My guess it is probably illegal


Re: Is this legal?    20:34 on Sunday, February 5, 2006          

ninafire
(109 points)
Posted by ninafire

Possibly, but he may also have permission to publish them. You could always ask him (Mike Duckworth) what the arrangement is. He`s quite legit as a used flute reseller. I`ve purchased things from him in the past and never had any kind of problems. His website is: http://fabflutes.com/


Re: Is this legal?    20:41 on Sunday, February 5, 2006          

Reenie
(50 points)
Posted by Reenie

I have met that guy before. I hate to say it, but he was very rude and arrogant. I would be careful of that guy.


Re: Is this legal?    21:19 on Sunday, February 5, 2006          

ninafire
(109 points)
Posted by ninafire

How odd. I had the exact opposite experience. I thought he was quite pleasant and helpful. Are you sure we`re talking about the same guy?


Re: Is this legal?    21:21 on Sunday, February 5, 2006          

ninafire
(109 points)
Posted by ninafire

Although judging by your icon, I suspect there`s a reason.


Re: Is this legal?    23:14 on Sunday, February 5, 2006          

StephenK
(395 points)
Posted by StephenK

Well that could be in reference to Scotch here, but I didn`t think he could be related to that website in any way. That would indeed be odd.

In either case... since there is a Scotch that actively talks here that picture is really in bad taste.


Re: Is this legal?    02:39 on Monday, February 6, 2006          

StephenK
(395 points)
Posted by StephenK

On the copyright subject on hand... here is some info on when publications become public domain from project gutenberg:
http://www.gutenberg.org/howto/copyright-howto

I`m thinking the Powell book may fall into Rule 1.

Rule 1

Works first published before January 1, 1923 with proper copyright notice entered the public domain no later than 75 years from the date copyright was first secured. Hence, all works whose copyrights were secured before 1923 are now in the public domain, regardless of where they were published. (This is the rule Project Gutenberg uses most often)

Works published and copyrighted 1923-1977 retain copyright for 95 years. No such works will enter the public domain until 2019 unless one of the other rules applies.

Rule 2

Works first created on or after January 1, 1978 enter the public domain 70 years after the death of the author if the author is a natural person. (Nothing will enter the public domain under this rule until at least January 1, 2049.)

Rule 3

Works first created on or after January 1, 1978 which are created by a corporate author enter the public domain 95 years after publication or 120 years after creation whichever occurs first. (Nothing will enter the public domain under this rule until at least January 1, 2074.)

Rule 4

Works created before January 1, 1978 but not published before that date are copyrighted under rules similar to rules 2 and 3 above, except that in no case will the copyright on a work not published prior to January 1, 1978 expire before December 31, 2002. If the work *is* published before December 31, 2002, its copyright will not expire before December 31, 2047. (This rule copyrights a lot of manuscripts that we would otherwise think of as public domain because of their age.)

Rule 5

If a substantial number of copies were printed and distributed in the U.S. prior to March 1, 1989 without a copyright notice, and the work is of entirely American authorship, or was first published in the United States, the work is in the public domain in the U.S. (Note that we cannot clear items printed/published outside of the U.S. under this rule)

Rule 6

Rule 6 is currently under testing and revision. This section describes GATT exceptions to Rule 6. A future version of Rule 6 will describe the steps for demonstrating non-renewal to determine public domain.

Works published before 1964 needed to have their copyrights renewed in their 28th year, or they`d enter into the public domain. Some books originally published outside of the US by non-Americans are exempt from this requirement, under GATT. Works from before 1964 were automatically renewed if ALL of these apply:

* At least one author was a citizen or resident of a foreign country (outside the US) that`s a party to the applicable copyright agreements. (Almost all countries are parties to these agreements.)
* The work was still under copyright in at least one author`s "home country" at the time the GATT copyright agreement went into effect for that country (January 1, 1996 for most countries).
* The work was first published abroad, and not published in the United States until at least 30 days after its first publication abroad.

If you can prove that one of the above does not apply, AND if you can prove that copyright was not renewed, then the work is in the public domain. For US authors and publications, non-renewal is the hard part to demonstrate.

To prove an item was not renewed, you need to do an extensive search of renewals in Library of Congress records (or you could get a letter from the author or publisher attesting that there was no renewal). The Library of Congress provides a for-fee copyright renewal search service, visit http://www.copyright.gov

Please read the document about copyright renewal online at: http://onlinebooks.library.upenn.edu/renewals.html before attempting to prove public domain status of a work published between 1923-1963. We have a separate "Rule 6 HOW-TO" for working under Rule 6.

Rule 8

U.S. Government and Crown copyright. Items published by the United States Government do not have copyright protection in the US. We need to be careful with this rule, because some items distributed by the U.S. Government might have been authored by other entities who are entitled to a copyright. In the U.K. and, Canada, Crown copyright lasts for 50 years for items published by the government.

(looks like they skipped rule 7)



Re: Is this legal?    05:21 on Monday, February 6, 2006          

Account Closed
(3248 points)
Posted by Account Closed

You know, I didn`t have that great of experience with him either. Maybe because I didn`t buy one of his flutes?
He wasn`t very business like. Maybe he is better the second time around.


Re: Is this legal?    09:19 on Monday, February 6, 2006          

jose_luis
(2369 points)
Posted by jose_luis

On Ebay there are so many articles on sale that are not legal (pirate software, for example).

Nobody seems to care much.

However, in smaller and cult circles like this, it is good to know that these concerns are still valid.

Keep it so!


Re: Is this legal?    15:51 on Monday, February 6, 2006          

Erin
(84 points)
Posted by Erin

http://it.wce.wwu.edu/344/copyright/default.html

Copyright tutorial. (Don`t worry the music in it was written and performed by those who made the tutorial.)


Re: Is this legal?    18:04 on Monday, February 6, 2006          

bob
(54 points)
Posted by bob

You guys have hit on a very exciting area of law. Not copyright, but cyberlaw. Your questions of a copyright violation online brings up many more questions that have yet to be answered in the legal world. And yes, that`s what we are talking about, not any one nation`s laws, but activity that spans every boarder. And here in the US we divide jurisdictions up even smaller by location, type of law, and type of action.

Where was the law broken? Was it broken when the internet user posted the information? Was it broken where the server stored the information? Was it broken where you viewed the information? Is storing, duplicating, posting, using, selling copyright material in digital form the same as in written form? Do words converted to computer language remain the property of the writer of the words?

And keep in mind, if I buy a copyrighted work, it is now my property and I can resell it without violating any laws. I can even duplicate and distribute it under certain restrictions.

sorry if this isn`t about flutes.


Re: Is this legal?    18:18 on Monday, February 6, 2006          

Erin
(84 points)
Posted by Erin

it is also interesting to note that e-mails are considered to be copyrighted material. So by sending a massive amount of people an e-mail that is not your own, you are in fact violating copyright law. My own picture that I have on here is in violation of copyright law. I guess I need to find a picture from a dot gov site since stuff on government websites is considered to be public domain.


Re: Is this legal?    23:49 on Monday, February 6, 2006          

Mysticalwaters1
(96 points)
Posted by Mysticalwaters1

I went to community band rehearsal and learned several peices collected into one suite called "Flute Suite" our college`s marching band played or I think rather the director heard another band play it. He then spent the last month hunting down the right composers and publishers to get permission to get copies and perform it. Several different composers where involved since it was several peices into one. Anyway he just told us tonight finally a contact person apologized and said it lookes like whoever arranged it had no permission to do that and the work is now being destroyed. I don`t really know anything about copyright law all I know is my director tried to get this peice and it wasn`t legal. It stunk!!! And now the peice is gone :O( He wanted to feature the flute section and thought that peice was perfect. Anyway so now we`re playing the chymes of liberty march and all the flutes and half will be on piccolo share the pic solo in it. Oooh i`m so annoyed!


Re: Is this legal?    23:52 on Monday, February 6, 2006          

Mysticalwaters1
(96 points)
Posted by Mysticalwaters1

aw kara I love the cat pics!!! I almost did a cat pic too. They`re so cute! That`s like mine around dinner time!


   








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