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Copyrights

To: thelema93-l@hollyfeld.org
From: Bill Heidrick 
Subject: Re: Copyrights
Date: Mon, 13 Oct 1997 19:42:54

93,

"Oz Mendes"  wrote:

>HOLY BOOKS ARE PUBLIC DOMAIN. They were first printed in 1909 
>for members of the A.'.A.'. in the three volume THELEMA, along with 
>several A.'.A.'. instructional documents.

Sorry to tell you, but that's why they are not public domain.  A private
printing for members is not a public sales edition.  "Publication" = sales
or distribution to the general public.  The legal sense of "Publication"
adds to that notion the requirement that the owner or author did or legally
permitted the printing and sales/distribution.

>Now a question remains, would this place the Equinox Vol I no 1- 
>whatever bfore 1912 still be public domain?

Yes.  Sold to the public before the latter part of 1912 e.v.  Legally
published before that date.  However, OTO electronic files of that part of
the Equinox contain original work -- notes, descriptions and formatting.
Those files are in copyright.  OTO allows and encourages free distribution
of these and others through the Net and on AOL and Compuserve plus some BBS's.

>We also have to address the issue of AC's uncopywritten materials. By 
>some interpretations, they are PD, and others they are not.

All accounts I have seen of the standing of such unpublished work say that
the work is in common law copyright or under statutory copyright, depending
on the local laws.  There are provisions in some countries which put at
time limit on that.  Some, like Germany, allow such works to return to
copyright from public domain after a time if they qualify as culturally
important.

>Also, what of AC's diaries? 

(c)OTO :-)


Incidentally, in an earlier post the question was asked: what threat is
SOTO to OTO?

Copyright and Trademark for one.  For another, if SOTO does disregard the
laws of the country and identifies itself as "OTO", we (OTO) are a much
bigger target to get bashed.

93 93/93
Bill Heidrick

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