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From: Vincent Le Chevalier
Subject: Copyright and sequels of 'Les Misérables'
Date: 19 Dec 2008 17:53:39
Message: <494c25f3$1@news.povray.org>
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Some surprising debate going on in France about this:
http://www.telegraph.co.uk/news/worldnews/europe/france/3852586/Victor-Hugos-family-loses-battle-to-ban-sequels.html
Frankly I'm amazed that people find something there to debate. The
sequels do not harm the original work in the slightest way, and the
original work is in the public domain anyway.
And yet the case seems to be hard to decide, with Hugo's family actually
winning one trial. I'm at a loss :-\
Any similar debate in other countries? Just to undermine my faith in
humanity a little bit more ;-)
--
Vincent
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"Vincent Le Chevalier" <gal### [at] libertyALLsurfSP AMfr> schrieb im
Newsbeitrag news:494c25f3$1@news.povray.org...
> Any similar debate in other countries? Just to undermine my faith in
> humanity a little bit more ;-)
I don't think this could happen in Germany. Here, so-and-so-many years (I
guess something like 70) after an author's death his works are free for the
taking in every respect. Maybe the press might jump on such topics though,
ranting about cultural decline and all.
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While the sequels sound like they're in poor taste, I think the legal
situation is quite clear. The work is in the public domain, and other
authors are free to do as they with it.
It's too bad that someone would, though.
Still, I find the final sentence in the article amusing:
"A lawyer for Hugo's heir said that the decision would open the door to a
flood of contemporary sequels to other classics such as Flaubert's Madame
Bovary."
Apparently, this lawyer doesn't understand public domain; classic works
such as this have *always* been open to modern sequels.
...Ben Chambers
www.pacificwebguy.com
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CLipka wrote:
> I don't think this could happen in Germany. Here, so-and-so-many years (I
> guess something like 70) after an author's death his works are free for the
> taking in every respect.
Now, here's the next question ... Can you take a 90-year-old American movie,
make copies in Germany, and then sell them in America? That wouldn't seem
like anyone is violating copyright laws.
--
Darren New, San Diego CA, USA (PST)
The NFL should go international. I'd pay to
see the Detroit Lions vs the Roman Catholics.
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Chambers wrote:
> "A lawyer for Hugo's heir said that the decision would open the door to a
> flood of contemporary sequels to other classics such as Flaubert's Madame
> Bovary."
Yeah, because, you know, Grease was such a flop as a movie.
--
Darren New, San Diego CA, USA (PST)
The NFL should go international. I'd pay to
see the Detroit Lions vs the Roman Catholics.
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From: Vincent Le Chevalier
Subject: Re: Copyright and sequels of 'Les Misérables'
Date: 20 Dec 2008 17:48:21
Message: <494d7635$1@news.povray.org>
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CLipka a écrit :
> "Vincent Le Chevalier" <gal### [at] libertyALLsurfSP AMfr> schrieb im
> Newsbeitrag news:494c25f3$1@news.povray.org...
>> Any similar debate in other countries? Just to undermine my faith in
>> humanity a little bit more ;-)
>
> I don't think this could happen in Germany. Here, so-and-so-many years (I
> guess something like 70) after an author's death his works are free for the
> taking in every respect. Maybe the press might jump on such topics though,
> ranting about cultural decline and all.
>
Well yes, as far as I understand the situation is similar in France,
though I'm not sure about the time period involved. Hugo's work is in
public domain allright.
But french law also defines a moral right that the author can exert,
preventing modifications and more generally enforcing the respect of his
work. This moral right never expires, and can be transfered to heirs ad
infinitum. I think the trials are fought based on this right.
However, I thought that this right essentially prevented modifications
or even destruction of the work, changes of attribution and so on. I
think it's fine though I'm not too sure it should be transfered to
descendants. But here the original work is not touched at all... In
essence it's a bit as if they were trying to prevent anyone from writing
something bad about the original books.
I guess we'll have to find the authors of the New Testament and sue them
for trying to write a somewhat disparaging sequel to the Old Testament :-)
--
Vincent
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> -----Original Message-----
> From: Darren New [mailto:dne### [at] san rr com]
> Now, here's the next question ... Can you take a 90-year-old American
> movie,
> make copies in Germany, and then sell them in America? That wouldn't
> seem
> like anyone is violating copyright laws.
Why go to Germany? Such a thing is legal in the US.
...Ben Chambers
www.pacificwebguy.com
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Vincent Le Chevalier <gal### [at] libertyALLsurfSP AMfr> wrote:
> Some surprising debate going on in France about this:
>
http://www.telegraph.co.uk/news/worldnews/europe/france/3852586/Victor-Hugos-family-loses-battle-to-ban-sequels.html
>
> Frankly I'm amazed that people find something there to debate.
Indeed. Isn't that quite like the sequels to "Gone with the Wind" in the USA?
Personally, I'd love to see fan-made reworks of classical cartoon characters,
but Disney and company just don't let them go. Disney is like a walking corpse
and the copyright will never expire...
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Chambers wrote:
> Why go to Germany? Such a thing is legal in the US.
Don't nitpick. :-)
--
Darren New, San Diego CA, USA (PST)
The NFL should go international. I'd pay to
see the Detroit Lions vs the Roman Catholics.
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On 20-Dec-08 23:48, Vincent Le Chevalier wrote:
> CLipka a écrit :
>
> I guess we'll have to find the authors of the New Testament and sue them
> for trying to write a somewhat disparaging sequel to the Old Testament :-)
>
I wasn't aware that the old testament as written in France. Can you
prove that?
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