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Golden Dawn ....Highlander

To: alt.magick
From: heidrick@well.sf.ca.us (Bill Heidrick)
Subject: Re: Golden Dawn ....Highlander
Date: 9 Oct 1995 16:05:42 GMT

tyagi@houseofkaos.abyss.com (Xiwangmu) writes:

>heidrick@well.sf.ca.us (Bill Heidrick) writes:

>|That section of "Temple of Solomon the King" [in _The Equinox_] was 
>|published before 1913 e.v. and is PD now.

>Is there a list of Crowley's text which is public domain (PD) now?

It's not stable.  Owing to progressive implimentation of the Bern Convention
and the GAF treaty, Public and Private Domain is shifting internationally
and is different in different countries.  Works formerly PD in the USA are
going private again for the first time in US copyright history.  This is
partly related to old USA exclusionary laws about non-US first edition
printings of US owned works, partly to the US past dependence on copyright
notice in the work, on filing dates and renewals and several other factors
in past US copyright law that are not in conformance with the Bern.  Other
countries have similar variances from the new Convention, and the gradual
process of working out these variations to a uniformity is very dependent
on civil case law -- i.e., individual infringement suits are the main
factor in changing the practice of the copyright laws in these nonconforming
countries.  That means a decade or more of litigation will be required
before your question can be answered with precision.  In general, and not
with precision, before 1913 e.v. is probably PD.  After 1913 e.v. first
publication (not subscription sales or simple printing for membership)
is mostly Private ownership now, and may be so even if the copyright was
not renewed and the notice in the publication was defective.  A work may
be Public in one country and Private outside that country.
  I am not a lawyer, and the above should not be taken to be legal advice.
I'm just summarizing my information from a layman's understanding of
our O.T.O. cases and business documents.  It's based on opinions by our
copyright attorneys in New York, DC and solicitors in England, mainly;
but I make no representation that I accurately understand this rat's nest.

93 93/93
Bill Heidrick


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