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Topic: Eldred Act coming to Congress
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Kevin Andrew MurphyPerson was signed in when posted  3
06-26-2003 02:20 AM ET (US)
Not necessarily.

A comic book is often an adaptation of an existing short story, and a publisher's failure to include a copyright notice does not mean that the author's work is now suddenly in public domain.

There are also instances, as with one anthology I'm in, where the printer screws up and forgets to publish one of the copyright pages, but the copyrights have still been filed with the copyright office.

I think for the most part this legislation will be overall a good thing, but it may become a chore for authors to upkeep copyright notices.

Don't forget there was that failure to renew the American copyright for Lord of the Rings that resulted in The Sword of Shanarra being able to be published in the US without being sued for ... significant similarities. Which is why this significant bestseller has never been reprinted in the UK, where the copyright did not lapse.

I'd be happier with some legislation that says that if someone creates a derivative work of your work, they owe you some set percentage of the proceeds, and if you want to use a work of dubious copyright, you can, so long as you set this money aside in a trust fund for the author or heirs once located.

Something like this would easily settle the Disney/A.A. Milne case: "Here, take your money, have a nice day."
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