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Copyright law/examples

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This is neither my professional opinion nor advice of any kind. It is, for now at least, a collection of thoughts on copyright and some curious situations in particular:


  • German works on National Socialism:
  1. Works by Adolf Hitler:
    1. Mein Kampf:
      The copyright to the work in Germany is claimed by the State of Bavaria. The copyright will expire in 2016.
      The work had; however, been properly registered in the United States and was confiscated under the Alien Property Jurisdiction Act and sold by the Custodian, the Attorney General of the United States, to Houghton Mifflin. The work was published in English, though it's not clear that it was ever published in German in the US (though registration would obviate that). The German text, at least for vol. II, appears to have been properly renewed. 1927 2nd Bd.. Thus, it would appear that the German text is not in the Public domain in the United States until 95 years after publication in Germany, 2020 for vol. I, 2021 for vol. II.; however, as they pass into the public domain in Germany in 2016, will it pass into public domain in the US as well under the rule of the shorter term? Or does the US registration require us to ignore that rule.
      The English text is copyright Houghton Mifflin and properly renewed 1943 Manheim edition; 1933 Dugdale edition; 1939 Johnson et al. annotated edition. Thus, the Dugdale edition will fall into the public domain in 2028, the Johnson edition in 2034, and the Manheim edition in 2038.
    2. zweites Buch: The work was posthumously published in German in 1961 by the owner of the manuscript. Is this sufficient under German law to obtain copyright or is it also held by the Bavarian state? Does the copyright still run to 70yrs pma (2016)? According to Wikipedia, a pirate translation was published in the United States in 1962 and an "authorized" translation in 2003. What is the copyright status of the pirated translation? Can a copyright accrue in the United States to a posthumously published work who's author's works published during his lifetime were confiscated by the U.S. Gov't? If so, does copyright accrue to the owner of the manuscript or to the Attorney General? If it was never published in German in the United States, does copyright run for 95 years from publication in Germany or does the rule of the shorter term apply? I'm quite certain it's the latter.
  2. Works by Gottfried Feder
    1. Das Manifest zur Brechung der Zinsknechtschaft des Geldes (1919). Public domain in the United States under the pre-1923 rule. Public Domain in Canada and Australia under the 50 pma rule. In copyright in Germany and the rest of the EU until 2012 under the 70pma rule.
    2. Other works are largely in the public domain in Canada but not in Europe or the US (as they were published post 1923 outside the US and never subsequently published in the US)
  1. Works by Hermann Hesse:

Pre-1923 works are in the public domain in the US; all works are copyright in Europe until 2033 and Canada until 2013.