fsi really public domain??
Printed From: FSI Language Courses
Category: Learning Languages
Forum Name: Cantonese
Forum Discription: Discussion about studying Cantonese using the FSI course.
URL: http://fsi-language-courses.com/forum/forum_posts.asp?TID=693
Printed Date: 16 January 2009 at 2:38am
Topic: fsi really public domain??
Posted By: lungimsam
Subject: fsi really public domain??
Date Posted: 05 November 2008 at 10:16pm
I see it for sale packaged as different things. FSI, also a packaging called "Rapid Cantonese". What gives?? Is it really in the public domain?
Michael
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Replies:
Posted By: raincrowlee
Date Posted: 08 November 2008 at 12:12am
The FSI programs were made by the US government, which by law makes them public property in the US. Our taxes paid for them, so we get to use them.
The companies that have repackaged the programs can legally do so -- public domain means for everyone. They will often do something to change the format of the course slightly, which is enough for them to apply for a copyright for their formatting of the course. It's like an orchestra that makes a recording of a Beethoven symphony. The sheet music is in the public domain, but the performance is not. So if we go back to the original FSI material, it's usable, but none of the repackaged derived from it are.
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Posted By: DemiPuppet
Date Posted: 08 November 2008 at 8:18am
The current law for government works is here: http://www.copyright.gov/title17/92chap1.html#105 - 17 USC 105
The statute on government works applies to almost all types of works (ie. text, maps, video, etc). It only applies to sound recordings created after 15 Feb, 1972. Pre-1972 sound falls under state common law protection http://www.copyright.gov/title17/92chap3.html#301 - 17 USC 301(c) . The assumption is that the states would abide by the intent of the current law in regards to sound recordings for common law. The works also fall under state statutory law. Even if a recording is in the public domain, it may still be illegal to sell.
The lack of a copyright notice on any published text and post-1972 sound recordings also places the items in the public domain. The notice requirement disappeared after March 1989 but is retroacitive to items published before that date.
For a reasonably good description of the public domain, read:
http://en.wikipedia.org/wiki/Wikipedia:Public_domain - http://en.wikipedia.org/wiki/Wikipedia:Public_domain
and
http://www.copyright.cornell.edu/public_domain/ - http://www.copyright.cornell.edu/public_domain/
For common law, see:
http://en.wikipedia.org/wiki/Common_law - http://en.wikipedia.org/wiki/Common_law
Warning: The works may still be copyrighted in foreign countries, see:
http://en.wikipedia.org/wiki/Rule_of_the_shorter_term - http://en.wikipedia.org/wiki/Rule_of_the_shorter_term
Warning: Anyone wishing to copy and sell recording created before 15 Feb 1972 must check their state's laws for unaauthorized recording. Copying and selling large quantities may be a felony in some states even if the work is in the public domain!
For example, New York law states:
§ 275.05 Manufacture of unauthorized recordings in the second degree. A person is guilty of the manufacture of unauthorized recordings in the second degree when such person: 1. knowingly, and without the consent of the owner, transfers or causes to be transferred any sound recording, with the intent to rent or sell, or cause to be rented or sold for profit, or used to promote the sale of any product, such article to which such recording was transferred, or 2. transports within this state, for commercial advantage or private financial gain, a recording, knowing that the sounds have been reproduced or transferred without the consent of the owner; provided, however, that this section shall only apply to sound recordings initially fixed prior to February fifteenth, nineteen hundred seventy-two. Manufacture of unauthorized recordings in the second degree is a class A misdemeanor.
§ 275.00 Definitions. The following definitions are applicable to this article: 1. "Person" means any individual, firm, partnership, corporation or association. 2. "Owner" means (a) the person who owns, or has the exclusive license in the United States to reproduce or the exclusive license in the United States to distribute to the public copies of the sounds fixed in a master phonograph record, master disc, master tape, master film or any other device used for reproducing sounds on phonograph records, discs, tapes, films, videocassettes, or any other articles upon which sound is recorded, and from which the transferred recorded sounds are directly derived; or (b) the person who owns the rights to record or authorize the recording of a live performance. 3. "Fixed" means embodied in a recording by or under the authority of the author, so that the matter embodied is sufficiently permanent or stable to permit it to be perceived, reproduced, or otherwise communicated for a period of more than transitory duration. 4. "Performer" means the person or persons appearing in a performance. 5. "Performance" means, whether live before an audience or transmitted by wire or through the air by radio or television, a recitation, rendering, or playing of a series of images, musical, spoken, or other sounds, or a combination of images and sounds, in an audible sequence. 6. "Recording" means an original phonograph record, disc, tape, audio or video cassette, wire, film, or any other medium on such sounds, images, or both sounds and images are or can be recorded or otherwise stored, or a copy or reproduction that duplicates in whole or in part the original.
The pre-1972 sound recordings on this site are not being sold or rented or distributed for profit or any financial gain, thus items 1 and 2 of the statute do not apply. If the US government still owns the original master recordings, items 1 and 2 may not apply since the government does not meet the definition of a "person". It is not clear that the government still owns the master recordings. Some states (i.e. Michigan and Minnesota) have an exemption for educational works.
Anyone who is considering selling pre-1972 sound recording (i.e. on eBay) should talk to a copyright lawyer first.
Most if not all 50 states have some form of "unauthorized recording" law. Select your state from the list in the link below and search the state's code for "unauthorized recording", "unauthorized transfer", or the word "phonograph".
http://law.justia.com/index.html - http://law.justia.com/index.html
States also require that any recording (in the public domain or not) sold must contain the name and address of the manufacturer (the person who copied the disk) as well as the contents of the disk. Failure to include this material is also a crime:
§ 275.35 Failure to disclose the origin of a recording in the second degree. A person is guilty of failure to disclose the origin of a recording in the second degree when, for commercial advantage or private financial gain, he knowingly advertises or offers for sale, resale, or rental, or sells, resells, or rents, or possesses for such purposes, a recording the cover, box, jacket or label does not clearly and conspicuously disclose the actual name and address of the manufacturer or the name of the performer or principal artist. The omission of the actual name and address of the manufacturer, or the omission of the name of the performer or principal artist, or the omission of both, shall constitute the failure to disclose the origin of a recording. Failure to disclose the origin of a recording in the second degree is a class A misdemeanor.
As always, I am not a lawyer and this post should not be construed as offering legal advice.
Edit 2008.11.28 - Added text on state law.
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Posted By: lungimsam
Date Posted: 08 November 2008 at 8:56am
Thanks for the info. Very informative. I wish I would have found this page before I paid $39.99 for the Rapid Cantonese course. Arghhh....
Thanks for having this wonderful page and forums for canto learners. Really nice to have this service.
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