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Mondrian Entered the Public Domain. The Estate Disagrees

copyrightlately.com

11–20 of 171 posts

Re: Mondrian Entered the Public Domain. The Estate Disagrees

#11
post #6

I read "The duration of the U.S. protection for all other works… was for 70 years from the artist’s date of death" and thought wow, did Mondrian really live into the 1960s or so? Next paragraph: "Mondrian died in 1944. Any of his works subject to a life-plus-70 regime would have entered the public domain" 10 years ago. Who even thought of including that in a legal argument??

based on your comment (the site is unresponsive, so I cannot check what exactly it says) I think the article is incorrect.

https://en.wikipedia.org/wiki/Copyright_law_of_the_United_St...:

“For works published or registered before 1978, the maximum copyright duration is 95 years from the date of publication, if copyright was renewed during the 28th year following publication. Copyright renewal has been automatic since the Copyright Renewal Act of 1992.

For works created before 1978, but not published or registered before 1978, the standard §302 copyright duration of 70 years from the author's death also applies. Prior to 1978, works had to be published or registered to receive copyright protection. Upon the effective date of the 1976 Copyright Act (which was January 1, 1978) this requirement was removed and these unpublished, unregistered works received protection. However, Congress intended to provide an incentive for these authors to publish their unpublished works. To provide that incentive, these works, if published before 2003, would not have their protection expire before 2048.”

Re: Mondrian Entered the Public Domain. The Estate Disagrees

#13
post #11
post #6

I read "The duration of the U.S. protection for all other works… was for 70 years from the artist’s date of death" and thought wow, did Mondrian really live into the 1960s or so? Next paragraph: "Mondrian died in 1944. Any of his works subject to a life-plus-70 regime would have entered the public domain" 10 years ago. Who even thought of including that in a legal argument??

based on your comment (the site is unresponsive, so I cannot check what exactly it says) I think the article is incorrect. https://en.wikipedia.org/wiki/Copyright_law_of_the_United_St... : “For works published or registered before 1978, the maximum copyright duration is 95 years from the date of publication, if copyright was renewed during the 28th year following publication. Copyright renewal has been automatic sinc…

You quote a section about unpublished work. The painting was published nearly a hundred years ago so the quote isn't relevant. If you think the article is wrong please state how.

Re: Mondrian Entered the Public Domain. The Estate Disagrees

#14
post #2

As always, copyright is a supressor of creativity, not an enabler. Copyright terms should be 10-20 years max, or up to death of an author. Even current regime is ridiculous.

It's rather incongruous that you register intellectual property for very little - and have states enforcing your rights for free - while a piece of land pays property taxes.

> while a piece of land pays property taxes.

In some countries taxes are annual.

In the UK you pay taxes when you buy/sell property, or land. You don't need to pay land/property taxes every year.

Re: Mondrian Entered the Public Domain. The Estate Disagrees

#15
post #2

As always, copyright is a supressor of creativity, not an enabler. Copyright terms should be 10-20 years max, or up to death of an author. Even current regime is ridiculous.

It's rather incongruous that you register intellectual property for very little - and have states enforcing your rights for free - while a piece of land pays property taxes.

The enforcement isn't the issue, it's the scarcity.

Re: Mondrian Entered the Public Domain. The Estate Disagrees

#16
post #2

As always, copyright is a supressor of creativity, not an enabler. Copyright terms should be 10-20 years max, or up to death of an author. Even current regime is ridiculous.

"Up to death" would provide a perverse incentive for people to kill creators in order to liberate something from copyright.

Re: Mondrian Entered the Public Domain. The Estate Disagrees

#17

Earlier quoted context omitted.

It's rather incongruous that you register intellectual property for very little - and have states enforcing your rights for free - while a piece of land pays property taxes.

> while a piece of land pays property taxes. In some countries taxes are annual. In the UK you pay taxes when you buy/sell property, or land. You don't need to pay land/property taxes every year.

Council taxes are property taxes and are monthly.

Re: Mondrian Entered the Public Domain. The Estate Disagrees

#18

Earlier quoted context omitted.

> while a piece of land pays property taxes. In some countries taxes are annual. In the UK you pay taxes when you buy/sell property, or land. You don't need to pay land/property taxes every year.

Council taxes are property taxes and are monthly.

Well, technically they're annual, but you're allowed to pay them in arrears over 10 or 12 months.

Re: Mondrian Entered the Public Domain. The Estate Disagrees

#19
post #16
post #2

As always, copyright is a supressor of creativity, not an enabler. Copyright terms should be 10-20 years max, or up to death of an author. Even current regime is ridiculous.

"Up to death" would provide a perverse incentive for people to kill creators in order to liberate something from copyright.

Maybe 100 years after birth instead.

Re: Mondrian Entered the Public Domain. The Estate Disagrees

#20
post #9

Earlier quoted context omitted.

It's rather incongruous that you register intellectual property for very little - and have states enforcing your rights for free - while a piece of land pays property taxes.

Creators pay tax on their income. We all get legal protections for our property.

Real property owners also pay tax on their income. Income is taxed. Real property is taxed. Intellectual property is not.
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