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John Buscema's Work on Dell Four Colour
John C:
It depends, Joe, on what exactly one plans to do. If you're burning to DVD to sell, then you're (probably) OK because you're only interested in the public domain work itself. However, if you plan to use the adaptation within another work, you're now creating a (second-hand) derivative of the original, and "underlying rights" are very important in many courts.
That's why you can sell Fleischer Superman DVDs but can't market your own line of Superman comics based on the cartoons.
Oh. And remember the "probably" back up top? Just because you see it as "only reselling the public domain work," it doesn't mean that the other copyright owner and the court won't decide that the adaptation can't have existed without the underlying copyrighted work...
josemas:
--- Quote from: John C on February 11, 2011, 03:32:51 PM ---It depends, Joe, on what exactly one plans to do. If you're burning to DVD to sell, then you're (probably) OK because you're only interested in the public domain work itself. However, if you plan to use the adaptation within another work, you're now creating a (second-hand) derivative of the original, and "underlying rights" are very important in many courts.
That's why you can sell Fleischer Superman DVDs but can't market your own line of Superman comics based on the cartoons.
Oh. And remember the "probably" back up top? Just because you see it as "only reselling the public domain work," it doesn't mean that the other copyright owner and the court won't decide that the adaptation can't have existed without the underlying copyrighted work...
--- End quote ---
John, I'm quite familiar with what you mean by underlying rights. I've been a film researcher for a couple of decades and copyright and PD status comes up a good bit when dealing with old films. I've read up on some of the cases as they pertain to films. The courts are by no means consistent when it comes to underlying rights.
Still I understand why you guys are hesitant to perhaps host some titles that seem to be PD as I have seen examples in the film world where some of the big film corporations have scared off people who have dealt with PD items by claiming some variants of the underlying copyright argument. Most small companies will immediately back off because, understandably, they just don't have the big bucks to fight these corporate giants.
Best
Joe
John C:
I didn't mean entirely in the context of this site, Joe (though, yes, if it was my risk, I'd probably be more liberal with my definition of public domain), but rather for whatever Alessandro's purposes are in the end. Printing a translation carries more liability than simply reprinting, because you may translating protected material in the process. And as you point out, it's a crap-shoot as to what your jurisdiction believes about underlying rights.
Which is why it's important to point out (again) that none of us are lawyers. Talking to an IP lawyer now will let you know what's workable in your neck of the woods, and it'll probably be far cheaper than losing an unexpected copyright case in a lot of situations.
Alessandro Bottero:
i don't deny my goal is to publish some Buscema's PD work, and i already found some wonderful story in the DCM library. My question about Buscema's "movie comic books" (so to speak) was made beacuse these stories echoes (maybe more than others) the future Marvel's works of Big John, and this gives them an historical value.
I know you can't give me an "official" answer, but i take your opinion in high regard, and it's always intersting to learn something more about PD and copyright stuff.
for example i discovered, as a fact, the italian law allow me to use as PD, creative works wich are PD under foreign laws (such U.S.A., or Canada).
JVJ:
Did you know, Alessandro,
that Buscema BEGAN his career at "Marvel" in 1948? My favorite JB work is at Orbit/Our Publishing in the very early 1950s.
Peace, Jim (|:{>
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