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Wednesday, February 25, 2009

On Evil

Once upon a time, there was a great little company in Ottawa called Paper of Record.

 

This company used what was, at the time, fairly innovative technology to scan and perform OCR (optical character recognition) on old newspapers from microfilm, and then maker the output searchable.

 

While that field is getting crowded, especially outside Canada and in the pay-per-view markets, there were very few outfits that made a special effort to digitize Canadian newspaper content. (LAC, are you listening?) PoR also had a fairly decent selection of material in languages other than English,

 

There were fewer still who, like PoR, offered fairly generous free access. Towards the end of its independent life, PoR offered free downloads of up to 250 pages per day. Even after weeding out the numerous false positive search returns, that’s a good chunk of research for just the type of researcher who make best use of such research tools: those who are engaged in long-term research on esoteric historical questions, for which newspapers — very few of which are indexed, and almost none that aren’t major dailies — are a very important, but usually time-consuming, primary source.

 

PoR’s methods also made available content that is often skipped by formal indexers, such as classified or display ads, stock market and commodities listings, shipping news, etc., etc., all of which are tremendously valuable to historical researchers, and all of which were tremendously difficult and tedious to research prior to the advent of the internet, OCR, and the search engine.

 

Paper of Record made a small but important slice of published Canadiana, and other countries’ published heritage, available to anyone with a computer attached to the series of tubes.

 

Then Google bought them out.

 

The end.

 

 

 

 

 

Postscript: Of the roughly 300 newspaper titles which were available, in whole or in part, on Paper of Record in late 2007:

  • for 36% of them, all of their content dated from before 1882, and for 47% of them, at least some of their content did. There are no surviving Canadian copyrights in published works before 1882. These papers constituted 8% of the pages available on Paper of Record, or 11% when you take out of consideration the Sporting News and several of the going-concern papers whose large backfiles had been processed by PoR.
  • for 55% of them, all of their content was from the 19th century or earlier, and for 70% of them, at least some of their content was. 21% of the pages on PoR were published in the 19th century or earlier, or 29% when you discount for the Sporting News, etc.
  • for 86% of them, all of their content was from before 1923, and for 92% of them, at least some of the content was. 1923 is generally recognized as the date before which all published works are public domain under American law. 47% of the pages on PoR were from 1922 or earlier, 65% when you discount the Sporting News, etc., etc.

And those values are minimums based on the date of the most recent issues available on PoR. If it were possible to segregate the page-counts, year-by-year, for papers with coverage that spanned the centuries, e.g., the Woodstock (Ontario) Sentinel-Review, which had coverage from 1886 to 2002, the number and ratio of public-domain pages would increase significantly.

 

So when Google uses, as at least part of its excuse for pulling access to Paper of Record, that they are “working with certain publishers to acquire the rights to display their content” a historically-minded researcher can’t help but wonder:

 

Which publishers?

 

And what “rights”?

 

Once upon a time, there was this company called Google, whose unofficial motto was “Don’t be evil” – but that’s a whole nother story.


Thursday, January 01, 2009

Public Domain Day 2009

It is January 1st, which means that this morning at midnight a batch more “life-plus” copyrights expired in those countries — most of them — where copyright expires at the end of the Nth year following the death of the author.

Yes, folks, it’s Public Domain Day! And it’s international! There are little Public Domain Day virtual commemorations going on in places like Poland and Switzerland. Spread the word!

In the life+50 universe, which constitute the largest cohort of countries, including Canada, which collectively have the majority of the world’s population, life-plus copyrights expired at midnight for those authors, or last-surviving of multiple authors, who died in 1958. Some notable life+50 entries into the public domain include life+50 copyrights for authors such as:

Australian politician (and sheep breeder) James Guthrie (“A world history of sheep and wool”)
American film composer Edward H. Plumb (“Bambi” and many other Disney films)
American hymnist George Bennard (“The Old Rugged Cross”)
British painter and illustrator Lucy Kemp-Welch (the original edition of “Black Beauty”)
American screenwriter Jack Henley (“Bonzo Goes to College”)
American writer J. P. McEvoy (“Dixie Dugan”)
American author Betty MacDonald (“Mrs. Piggle-Wiggle”)
British poet Robert Service (“The Cremation of Sam McGee”, etc.)
English poet Alfred Noyes (“The Highwayman”)
English music scholar Percy Scholes (“The Oxford Companion to Music”)
American artist and author Marjorie Flack (“The Story About Ping”)
American writer Johnston McCulley (creator of “Zorro”)
British aircraft manufacturer Alliott Verdon Roe (as in Avro, as in the Arrow)
Serbian geophysicist Milutin Milanković (early proponent of ice ages)
British author and translator Lionel Giles (translator of the most widely-published English edition of Sun-Tzu’s “Art of War”)
Romanian-British rabbi and scholar Shulem Moshkovitz (the Shotzer Rebbe)
American financial analyst John Moody (of Wall Street fame)

A more extensive, but nowhere near complete list is reproduced below. See also Wikipedia’s list of deaths in 1958 and the New General Catalog of Old Books and Authors 1958 deaths page.

Across the pond in the European Union, some other non-EU countries, and certain other countries around the world, being the second-largest copyright universe where the general term is “life plus seventy”, copyrights by sole authors, or the last-surviving of multiple authors, who died in 1938, expired today. 1938 was an especially bad year in Europe, where many literary, scientific, political, and religious creators fell victim to Nazi persecution and Stalinist purges.

Some of the more interesting members of the 1938 class of deceased authors include:

Danish bacteriologist Hans Christian Gram (of Gram staining fame)
British-Canadian author, conservationist, and literary fraud Archie Belaney (Grey Owl)
Latvian-born ethnologist and musicologist Abraham Zevi Idelsohn (to whom the lyrics to “Hava Nagila” are attributed)
American cartoonist E. C. Segar (creator of “Popeye”)
American illustrator Johnny Gruelle (creator of “Raggedy Ann”)
American lawyer Clarence Darrow (of “Scopes Monkey Trial” fame)
American songwriter James Thornton (“When You Were Sweet Sixteen”, written in 1898)
Japanese martial artist Kano Jigoro (founder of judo)
American industrialist Harvey Samuel Firestone (of tire fame)

A more extensive, but again far from complete list is reproduced below. See also Wikipedia’s list of deaths in 1938 and the New General Catalog of Old Books and Authors 1938 deaths page.

The 1938 death class of authors are also now entering the public domain in the United States in respect of their unpublished works, which means that hundreds of thousands of archival documents are now out of copyright. In Canada, unfortunately, it is only published works and other works to which the general term of copyright applies, which came into the public domain today. Unpublished written works by authors who died in 1958 are still copyrighted in Canada, even though their published works now are not. Thanks to the ludicrously long Canadian “transitional period” for such copyrights, which started counting down ten years ago, not a single additional unpublished archival document will enter the public domain in Canada for another forty years, meaning that some documents from the mid-19th century will remain copyrighted in Canada for nearly two centuries after their creation.

But in any event, the public domain advanced a little last night — even if it was delayed by a leap second. The collective culture of the world has been enriched. And not just in the traditional fields that are associated with copyright, such as music, literature, and art, but all areas of human endeavour: sciences and humanities, religion, mathematics, law, politics, journalism, medicine, translation, linguistics, drama, history, and scholarship in every field.

It’s your public domain, your common cultural heritage, and your right to use. Happy Public Domain Day 2009!

Other life+50 works now in the public domain include those whose sole author, or last-surviving author, was:

German art historian Max Jakob Friedländer; American nuclear physicist Mark Muir Mills; Russian playwright Evgeny Shvarts; English poet Brian Howard; British poet and historian Sir John Squire; Argentinean astronomer Jorge E. Bobone; Polish-Austrian psychologist Else Frenkel-Brunswik; American composer and music historian Emerson Whithorne; American journalist Bill Hutchinson; German composer Leo Blech; American physicist and Nobel laureate Ernest Lawrence; Nigerian political activist Ladipo Solanke; British film composer John Wooldridge; American songwriter Alfred Bryan; Greek writer Nikolaos Kontopoulos; British politician and diplomat Robert, Viscount Cecil; Finnish philosopher Eino Kaila; Canadian botanist and poet Marion E. Moodie; Australian geologist and Antarctic explorer Sir Douglas Mawson; Cameroonian rebel leader Ruben Um Nyobé; German orientalist Enno Littmann; Hungarian sculptor Ferenc Medgyessy; Northern Irish artist Paul Henry; Italian novelist and translator Mario Benzing; Canadian-born playwright and screenwriter Hubert Osborne; American author and screenwriter Elaine Sterne Carrington; American science fiction author Cyril M. Kornbluth; American historian Mary Ritter Beard; Romanian composer Georges Boulanger; Polish oceanographer Henryk Arctowski; Paraguayan physician and composer Juan Max Boettner; French Prime Minister Pierre-Étienne Flandin; American physicist Clinton Davisson; British writer Gerald William Bullett; German zoologist Hans von Boetticher; French composer Paul Bazelaire; British archaeologist Sir John Marshall; French painter Jean Crotti; American journalist May Lamberton Becker; English physicist John Mitchell Nuttall; American admiral Oscar Charles Badger II; American artist and illustrator William Oberhardt; Nigerian politician Adegoke Adelabu; American writer Frank Joslyn Baum; British artist Frank Cadogan Cowper; Australian geographer and polar explorer Sir George Hubert Wilkins; American film composer Walter Schumann; British artist Arthur Bond; American film director William A. Berke; Austrian writer Walter von Molo; Danish artist Jens Ferdinand Willumsen; Portuguese Prime Minister José Domingues dos Santos; American French and Spanish professor Jeremiah D. M. Ford; English philosopher G. E. Moore; Chilean poet Jerónimo Lagos Lisboa; American poet and novelist Byron Herbert Reese; Canadian artist Ivor Lewis; American science fiction and fantasy author Henry Kuttner; German-American artist Jan Müller; American lyricist Lew Brown; Dutch-born Catholic apologist David Goldstein; Indonesian composer Ismail Marzuki; American artist Daniel Garber; American botanist Homer L Shantz; Brazilian military officer and explorer Cândido Rondon; British author Louis Golding; Australian writer Hugh McCrae; English botanist Francis Kingdon-Ward; Pakistani diplomat and essayist Patras Bokhari; German theologian Hans Ehrenberg; English composer Ralph Vaughan Williams; Serbian jurist and historian Slobodan Jovanović; composer Nicholas Brodzsky; Spanish playwright Jacinto Grau; Swedish pathologist Arvid Lindau; American journalist and author Frederick Palmer; Romanian Prime Minister Petru Groza; American Mormon leader Oscar A. Kirkham; American sports writer Art Cohn; Russian-born Orthodox theologian Vladimir Lossky; American ragtime composer Artie Matthews; English classicist John Maxwell Edmonds; French astronomer Alexandre Schaumasse; American science fiction author R. DeWitt Miller; French medievalist Edmond Faral; English composer Joseph Holbrooke; Finnish composer Armas Järnefelt; Scottish architect Sir Richard John Allison; British botanist John Christopher Willis; Japanese poet Masamune Atsuo; American clergyman and civil rights activist Anson Phelps Stokes; Spanish artist Óscar Domínguez; American author, photographer, and Moravian church historian Jacob G. Francis; Luxembourger composer Henri Pensis; Salvadoran jurist José Gustavo Guerrero; Chinese author Chen Weiming; French novelist and journalist Henri Béraud; American screenwriter Josephine Lovett; British artist Barnett Freedman; British mathematician John Hilton Grace; Polish-American sociologist Florian Znaniecki; French wood-engraver Louis Moreau; English writer Leonard Strong; American communist politician John Keracher; German poet and novelist Reinhold Schneider; British author and editor Violet Milner, Viscountess Milner; American composer Arthur Shepherd; American folklorist Louise Pound; Russian neuropathologist Konstantin Tretiakoff; British playwright and novelist Charles Langbridge Morgan; British politician and diarist Sir Henry “Chips” Channon; English composer Martin Shaw; American architect Emily Helen Butterfield; Russian painter Konstantin Yuon; British scientist and climatologist Sir Gilbert Thomas Walker; Vietnamese journalist and intellectual Phan Khôi; British herpetologist Malcolm Arthur Smith; American journalist and poet Angelina Weld Grimké; Austrian-American architect and designer Paul T. Frankl; English judge and crime writer Cyril Hare; Indian guru Swami Shankar Purushottam Tirtha; Bulgarian artist and writer Ilia Beshkov; Norwegian architect Magnus Poulsson; American geologist William H. Shideler; German politician Erhard Hübener; Anglo-French literary critic Denis Saurat; American graphic artist John Held, Jr.; English civil engineer Sir William Halcrow; French author and Nobel laureate Roger Martin du Gard; Faroese artist Ruth Smith; American fantasy author James Branch Cabell; British pathologist Sir Ernest Laurence Kennaway; Austrian-born physicist Wolfgang Pauli; Australian novelist and children's author Ethel Turner; British writer and journalist H. M. Tomlinson; English chemist David Chapman; American author Wolcott Gibbs; French politician Hubert Lagardelle; French philosopher Maurice Pradines; Icelandic painter Ásgrímur Jónsson; Turkish poet Aglar Baba; British calligrapher M. C. Oliver; American astronomer Roscoe Frank Sanford; British film producer and screenwriter John E. Blakeley; German architect and writer Hugo Häring; Danish philologist William Thalbitzer; Venezuelan politician and writer Mario Briceño Iragorry; Scottish author and eugenicist Marie Stopes; Austrian artist Alfons Walde; Japanese translator and writer Shomu Nobori; American songwriter Maude Nugent; Finnish politician Väinö Hakkila; German-born anarchist writer Rudolf Rocker; French author Francis Carco; Composer Eduard Erdmann; British physicist Samuel Milner; Welsh novelist Margiad Evans; Swedish astronomer Knut Lundmark; Irish artist and author Robert Gibbings; American psychologist John B. Watson; Russian author Fyodor Gladkov; Irish politician and historian Richard Hayes; American naturalist Altus Lacy Quaintance; Norwegian writer Gunnar Larsen; Spanish-born composer Manuel Infante; French geologist Charles-Victor Mauguin; British artist Marlow Moss; British orientalist Gerald Willoughby-Meade; American electrical engineer Comfort Avery Adams; French socialist journalist Marceau Pivert; German economist Alfred Weber; Austrian-German writer Ferdinand Bruckner; British lawyer and law lord Frederic Maugham; French composer Isidor Philipp; Egyptian scholar Ahmed Mohamed Shaker; Australian botanist Richard Hind Cambage; German aircraft designer Ernst Heinkel; American architect Frederick G. Scheibler, Jr.; American photographer Paul Outerbridge; Japanese painter Yokoyama Taikan; Canadian politician and clergyman William Ivens; British screenwriter W.P. Lipscomb; German author Mechtilde Lichnowsky; American author and playwright Zoë Akins; French artist Georges Rouault; Irish author Dorothy Macardle; Hungarian Prime Minister Imre Nagy; Russian painter Nikolai Krymov; French sculptor Paul Niclausse; Chinese cultural scholar Zheng Zhenduo; American anthropologist Robert Redfield; Costa Rican author Joaquín García Monge; Uruguayan philosopher and writer Carlos Vaz Ferreira; French biologist Maurice Caullery; English missionary Sam Higginbottom; American playwright and novelist Bertha Runkle; Spanish author Infanta Eulalia; Polish diplomat Józef Lipski; Peruvian author Aurora Cáceres; American journalist and author Elliot Paul; Australian geologist Walter George Woolnough; Romanian linguist Emil Petrovici; German painter Curt Lahs; Norwegian artist and designer Olaf Gulbransson; American film director Monta Bell; American playwright Rachel Crothers; American mystery writer Mary Roberts Rinehart; Canadian politician and judge Lewis St. George Stubbs; Australian poet Arthur Bayldon; Spanish poet and Nobel laureate Juan Ramón Jiménez; American architect Harold Ellsworth Crosby; British poet and historian Sir Robert Charles Kirkwood Ensor; Italian poet Raniero Nicolai; American author Eleanor Hallowell Abbott; American librettist and screenwriter Herbert Fields; British mountaineer and author Geoffrey Winthrop Young; American writer Claude Gernade Bowers; Japanese photographer Maroni Kumazawa; French composer Florent Schmitt; English author and journalist Geoffrey Willans; Paraguayan intellectual Viriato Díaz Pérez; Indian politician, scholar and poet Maulana Azad; English novelist Rose Macaulay; American journalist Elmer Davis; Scottish politician Sir Duncan McCallum; Dutch typographer Jan van Krimpen; Russian poet and essayist Georgy Ivanov; American artist and playwright William Cotton; English painter Flora Lion; French physicist and Nobel laureate Frédéric Joliot-Curie; American inventor and industrialist Charles F. Kettering; Newfoundland lawyer and lieutenant-governor Sir Albert Joseph Walsh; British botanist Arthur Hugh Garfit Alston; British diplomat and journalist Frederic Salusbury; American screenwriter Melville Baker; American screenwriter and director Marshall Neilan; Russian poet and translator Nikolay Zabolotsky; British journalist and author Ethel Rolt Wheeler; British politician Wilfred Fienburgh; American architect Mary Colter; Austrian writer Erwin Stein; Bulgarian children's author and translator Ran Bosilek; American songwriter Big Bill Broonzy; English historical novelist Philip Lindsay; Irish poet Seumas O'Sullivan; British composer and arranger Reginald Foresythe; British historian John Brande Trend; Welsh peeress and women's suffrage activist Margaret Mackworth; British biophysicist Rosalind Franklin; Romanian philosopher and mathematician Maurice Solovine; American psychologist Karl Lashley; American blues songwriter Shifty Henry; British geologist William Joscelyn Arkell; Finnish writer Anni Swan; American cryptologist Herbert Yardley; British artist and author Oswald Couldrey; Polish politician and writer Władysław Kowalski; American composer Harry Revel; Serbian composer Stevan Hristić; Mexican composer José Pablo Moncayo; Australian author Ethel Anderson; Christian Scientist Bliss Knapp; English theologian George Bell; American organist and composer Edward Shippen Barnes; American journalist Paul Kellogg; Italian screenwriter Cesare Giulio Viola; Australian children's author and journalist Mary Grant Bruce; Finnish sculptor Viktor Jansson; German writer Theo Harych; Italian painter Giacomo Balla; American children's author Clara Whitehill Hunt; French historian Augustin Renaudet; Danish philologist and historian Gudmund Schütte; British engineer Sir James Swinburne; Dutch artist Bart van der Leck; Czech architect František Lydie Gahura; Scottish historian Alan Orr Anderson; Italian parapsychologist Ferdinando Cazzamalli; Scottish composer Francis George Scott; Japanese linguist Yamada Yoshio; Russian-Israeli poet and essayist Jacob Fichman; American author Frank Eaton; Turkish composer and lyricist Zeki Üngör; Canadian geologist Charles Camsell; American illustrator and cartoonist Harry G. Peter; Scottish philosopher Norman Kemp Smith; Dutch poet Til Brugman; American film director Wallace Fox; French painter André Bauchant; American architect Howard Dwight Smith; Canadian politician Camillien Houde; American physician and surgeon Chevalier Jackson; Kazakh philologist Sarsen Amanzholov; German astronomer Wilhelm F. Rabe; English painter David Jagger; American artist and art historian Walter Pach; German-American geneticist Richard Goldschmidt; American physicist Thomas Dale Stewart; French painter Maurice de Vlaminck; New Zealand playwright Merton Hodge; Persian-American author Mírzá Amad Sohráb; British-Canadian mariner Samuel Robinson; American astronomer Albert Graham Ingalls; American mathematician and historian Kenneth P. Williams; American blues composer W. C. Handy; Turkish writer and women's activist Nezihe Muhiddin; English mathematician and physicist Douglas Hartree; American cartoonist Jack Cole; Irish author Peig Sayers; American aeronautical engineer Edward Pearson Warner; Serbian writer Isidora Sekulić; American songwriter Chuck Willis; Russian painter Robert Falk; Egyptian journalist Salama Moussa; architect Wells Coates; Persian poet Abolqāsem Lahūtī; American comic-book artist Joe Maneely; Russian film critic Georgy Alexandrovich Avenarius; British classicist and poet Archibald Young Campbell; American physicist Walter S. Huxford; Brazilian journalist and folklorist Cornélio Pires; American science fiction author E. Everett Evans; Indian poet Vallathol Narayana Menon; Uruguayan poet Virginia Brindis de Salas; British politician and journalist Henry Noel Brailsford; American artist Guy Pène du Bois; Brazilian politician Nereu de Oliveira Ramos; American economist Henry Ludwell Moore; Czech poet and author Petr Bezruč; American songwriter Fulton “Fidgy” McGrath; American Mormon leader, women's suffrage campaigner, and composer Ruth May Fox; English writer Francis Bennett; Icelandic poet Steinn Steinarr; Turkish poet and author Yahya Kemal Beyatlı; Finnish composer Aarre Merikanto; South African architect Gerard Moerdijk; American engineer William F. Durand; Swedish author Bertil Malmberg; New Zealand architect and photographer James Walter Chapman-Taylor; English composer and writer Alec Rowley; Romanian artist Iosif Iser; Haitian novelist Jean-Baptiste Cinéas; British biblical scholar George H. Lang; British photographer Robert Howlett; American diplomat Breckinridge Long; Tshimshian historian William Beynon; German novelist and playwright Lion Feuchtwanger; American children's author Elizabeth Foreman Lewis; Irish dramatist and poet Lennox Robinson; French artist Mathurin Méheut; American politician James Michael Curley; Hungarian artist Ferenc Helbing; Austrian-born British chemist Friedrich Paneth; British army officer Sir Giffard Le Quesne Martel; French general Maurice Gustave Gamelin; English dramatist Harold Brighouse; French Prime Minister Frédéric François-Marsal; German politician and poet Johannes R. Becher; Swiss astronomer William Otto Brunner; American journalist Herbert Bayard Swope; American children's author James Sterling Tippett; Slovenian poet and translator Lili Novy; German chemist Kurt Alder; Czech politician and writer Hubert Ripka; French film critic André Bazin; Russian architect and artist Georgy Krutikov; American photographer Edward Weston; American mathematician Milton Abramowitz; British author and activist Florence Ada Keynes; American folklorist and historian Henry W. Shoemaker; Russian writer Sergei Sergeyev-Tsensky; American historian and journalist Rankin Barbee; Dutch biologist Johannes Abraham Bierens de Haan; Japanese mathematician Yutaka Taniyama; Turkish poet Asaf Halet Çelebi; American musician and composer Bentley DeForest “B. D.” Ackley; British First World War officer Sir Ivor Maxse; Czech avant-garde writer Vítězslav Nezval; American journalist Samuel Hopkins Adams; American journalist Samuel Orace Dunn; Japanese geophysicist Motonori Matuyama; American anthropologist John R. Swanton; German diplomat Otto Abetz; American comedian and writer Harry Parke; Polish journalist Marian Dąbrowski; German mathematician Wilhelm Süss; Welsh psychoanalyst Ernest Jones; American drama critic George Jean Nathan; German painter and graphic artist Hans Grundig; Latvian architect Ernests Štālbergs; Mexican playwright Adolfo Wilhelmy; Hungarian literary historian and philologist Gyula Farkas; French physicist Alfred-Marie Liénard; Lithuanian-Israeli Jewish scholar Joseph Klausner; Russian satirical writer Mikhail Zoshchenko; English painter Charles Spencelayh; Russian artist Varvara Stepanova; English clergyman and bishop Herbert Gresford Jones; Haitian painter Peterson Laurent; English women's suffrage activist Christabel Pankhurst; Japanese naval admiral Ogasawara Naganari; Pakistani scholar Umar Bin Mohammad Daudpota; Czech composer Břetislav Bakala; Polish soldier and resistance leader Wanda Gertz.

Other life+70 works now in the public domain include those whose sole author, or last-surviving author, was:

German physicist Eugen Brodhun; American western writer Owen Wister; Belgian politician Emile Vandervelde; Uruguayan writer and artist Pedro Figari; German ethnologist and archaeologist Leo Frobenius; South African photographer Arthur Elliott; Australian author and journalist John Sandes; German composer Richard Franck; Delta blues songwriter and musician Robert Johnson; Australian artist and author Mortimer Menpes; German author and architect Bruno Taut; Russian playwright Vladimir Kirshon; Polish economist and historian Władysław Grabski; German physician Ludwig Külz; Russian intellectual Nikolai Bukharin; English entomologist Ernest Edward Austen; Marxist Karl Kautsky; French astronomer Count Aymar de la Baume Pluvinel; Belarusian critic, literary historian, and politician Vaclau Lastouski; Welsh-Patagonian author Eluned Morgan; Hungarian communist politician Béla Kun; English mosaic artist Maurice Richard Josey; Ukrainian-Russian philosopher Lev Shestov; American artist Kimon Nicolaїdes; American writer Harry Stillwell Edwards; Canadian painter Horatio Walker; American film composer and songwriter Richard A. Whiting; Confederate American soldier and historian Samuel A'Court Ashe; American Supreme Court justice Benjamin N. Cardozo; American architect Horace Trumbauer; Russian historian Aleksandr Amfiteatrov; American geneticist Calvin Bridges; Spanish entomologist Longinos Navás; Swiss physicist and Nobel laureate Charles Édouard Guillaume; French filmmaker Émile Cohl; English composer James Kendrick Pyne; English writer E. V. Lucas; Indian painter Gaganendranath Tagore; Russian composer and author Samuel Maykapar; Scottish missionary David McIntyre; Georgian writer Ekaterine Gabashvili; Czech writer Karel Čapek; Georgian poet and playwright Gerzel Baazov; French historian Joseph Bédier; German aviator Hermann Köhl; American clergyman and missionary Frederick Bohn Fisher; Croatian ethnologist and sexologist Friedrich Salomon Krauss; Icelandic writer Einar Hjörleifsson Kvaran; Iranian writer and translator Yussef Etessami; Swedish zoologist and ethnographer Eric Mjöberg; Peruvian poet César Vallejo; Romanian author Max Blecher; German physician Ismar Isidor Boas; American columnist O. O. McIntyre; French physician Ferdinand-Jean Darier; American historian William Macdonald; Italian composer Mario Pilati; Canadian physicist Arthur Stanley Mackenzie; American chemist Charles Herty; Russian politician Mikhail Alexandrovich Chernov; Czech travel writer Josef Kořenský; American astronomer William Wallace Campbell; American historian and diplomat George Lincoln Burr; American ragtime composer Ben Harney; French chemist Georges Urbain; Russian economist Nikolai Kondratiev; Dutch-Romanian architect and artist Edmond van Saanen Algi; American mathematician Joseph Adna Hill; Romanian politician Alexandru Averescu; German literature professor Max Freiherr von Waldberg; Belgian indologist Louis de La Vallée Poussin; American lawyer and politician Charles Hamlin; Indian (Pakistani) poet and philosopher Sir Muhammad Iqbal; German artist Ernst Ludwig Kirchner; American artist and illustrator Harry Grant Dart; German geologist and palaeontologist Georg Gürich; British poet and literary critic Lascelles Abercrombie; German architect Theodor Fischer; American dramatist Charles Dazey; French architect Louis Faille; Czech-born historical linguist Eduard Prokosch; English religious scholar Claude Montefiore; Papuan explorer Jack Hides; American astronomer William Henry Pickering; Ukrainian writer and ethnographer Hnat Khotkevych; Canadian politician and jurist Sam Jacobs; American naval architect Nathanael Herreshoff; Swiss linguist Jacob Wackernagel; American polymath Joseph Pomeroy Widney; French speleologist Édouard-Alfred Martel; Austrian archaeologist Emanuel Löwy; German artist and writer Ernst Barlach; American composer William Burdine Blake, Sr.; Scottish sculptor and poet James Pittendrigh MacGillivray; American biochemist and pharmacologist John Jacob Abel; Armenian poet and composer Sheram; Newfoundland politician Sir William Ford Coaker; Ossetian poet Yakov Khozijev; British ornithologist William Eagle Clarke; American physician and medical educator Wade Hampton Frost; Indonesian songwriter Wage Rudolf Supratman; Bessarabian Yiddish poet Sholom Schwartzbard; French writer Jérôme Tharaud; British amateur astronomer Walter Goodacre; American engineer and astronomer Francis Charles McMath; American military officer and writer Cornélis DeWitt Willcox; Ethiopian writer Blattengeta Heruy Welde Sellase; British archaeologist James Leslie Starkey; French historian Georges Goyau; Russian chemist Nikolai Demyanov; Prince Edward Island politician and jurist Francis Longworth Haszard; German poet and editor Hans von Wolzogen; Irish Antarctic explorer Tom Crean; French astronomer Michel Giacobini; English-born naturalist Charles Francis Massey Swynnerton; Swiss-German jurist Ottfried Nippold; Russian children's author Boris Zhitkov; Tatar playwright Kärim Tinçurin; American chemist Charles Edward Munroe; British historian Sir John William Fortescue; Canadian lawyer, politician, and conchologist Francis Robert Latchford; Danish artist and writer Gustaf Munch-Petersen; Czech composer Alois Provazník; Russian linguist Nikolai Trubetzkoy; Mexican photographer Agustín Casasola; Georgian intellectual Gaioz Devdariani; German-American composer Carl Venth; American painter Rhoda Holmes Nicholls; Polish historian and philosopher Marian Zdziechowski; British engineer and inventor Henry William Clothier; American labour leader Baruch Charney Vladeck; French anthropologist René Verneau; American painter William Glackens; American geologist Frederick J. Pack; German writer Rudolf G. Binding; Russian physicist Matvei Petrovich Bronstein; Austrian-German geologist Franz Kossmat; Irish-born photographer George Charles Beresford; Argentinean writer Leopoldo Lugones; Prussian lawyer and administrator Bill Drews; American ragtime composer James Scott; British novelist W. B. Maxwell; Norwegian historian Christian Lous Lange; French artist Louis-Henri Foreau; American writer Emma Dunham Kelley-Hawkins; Slovakian politician Andrej Hlinka; German ethnologist Konrad Theodor Preuss; American environmentalist and columnist Raymond H. Torrey; Australian poet C. J. Dennis; French poet Francis Jammes; German biblical scholar Adolf Jülicher; German physicist Hans Hellmann; Spanish dramatist Serafín Álvarez Quintero; English novelist Louis Zangwill; Anglo-American industrialist Samuel Insull; Faroese writer Jørgen-Frantz Jacobsen; American painter William Kendall; British church architect W. D. Caroe; French author Colette Peignot (“Laure”); French physician and artist Raymond Sabouraud; Russian orientalist Alexander Samoylovich; Italian-Argentinean ornithologist Roberto Dabbene; American diplomat and backroom politician Edward M. House; French librettist Albert Carré; German composer Oskar Böhme; English architect William Bidlake; Polish composer Aleksander Michałowski; Italian journalist Arcangelo Ghisleri; American physicist Edwin Hall; American sculptor Peter David Edstrom; English writer Edgar Jepson (“R. Edison Page”); Canadian politician and Librarian of Parliament Martin Burrell; American geologist Frank Bursley Taylor; Swedish journalist, poet and politician Fabian Månsson; American novelist Thomas Wolfe; Scottish architect Sir John James Burnet; French anarchist Charles Malato; American sculptor George Grey Barnard; Indian journalist and politician Kasinadhuni Nageswara Rao; Canadian lawyer and playwright Charles William Bell; German psychologist and philosopher William Stern; English artist and illustrator C. E. Brock; Austrian artist and author Rosa Mayreder; Canadian portrait artist John Wycliffe Lowes Forster; Romanian writer and politician Octavian Goga; German-American painter Oscar Florianus Bluemner; Czech playwright and poet Otokar Fischer; Austrian-born sculptor Isidore Konti; Norwegian missionary, folklorist and linguist Paul Olaf Bodding; American painter Wickliffe Covington; British psychologist William McDougall; Russian author Boris Pilnyak; Austrian historian and journalist Egon Friedell; Turkish president Mustafa Kemal Atatürk; Hungarian artist Janos Vaszary; Norwegian artist Erik Werenskiold; American poet and Zionist Jessie Sampter; German theologian Adolf Schlatter; Russian linguist Yevgeny Polivanov; American composer and musicologist Henry F. Gilbert; English physician Sir Josiah Court; German linguist and anthropologist Otto Dempwolff; French film director André Deed; Native American writer and musician Zitkala-Sa; Canadian politician and diplomat Sir George Halsey Perley; Serbian writer Branislav Nušić; Croatian philologist Tomislav Maretić; German pacifist and Nobel laureate Carl von Ossietzky; Russian ornithologist Sergei Aleksandrovich Buturlin; Russian artist Alexandre Jacovleff; Bengali religious scholar Dhirendranath Choudhury; Canadian-American sculptor R. Tait McKenzie; New Zealand health reformer Truby King; Austrian socialist Otto Bauer; American jazz composer Joe “King” Oliver; Italian physicist Ettore Majorana; Russian painter Aleksandr Drevin; Slovakian artist Mikuláš Galanda; American painter Edmund C. Tarbell; French egyptologist Georges Émile Jules Daressy; Anglo-Irish writer Robert Edward Crozier Long; Saskatchewan's first Premier Walter Scott; Czech-Bulgarian painter Ivan Mrkvička; British Arctic explorer Frederick George Jackson; Hungarian sculptor István Szentgyörgyi; French sociologist Paul Fauconnet; Indian writer Mahavir Prasad Dwivedi; British physician James Crichton-Browne; Ukrainian-Russian poet Vladimir Narbut; American painter Thomas Dewing; Indian novelist Sharat Chandra Chatterji; British philosopher Harold Joachim; British mathematician and philosopher David Guest; Catalan-Spanish composer Miguel Llobet; American homeopath and politician Royal S. Copeland; Swiss painter Alice Bailly; English miniature painter Hal Hurst; Chinese artist Wang Zhen; Japanese poet Chieko Takamura; American neurologist and poet Frederick Peterson; American lawyer and politician Henry R. Gibson; British journalist and historian Ian Colvin; American painter Elizabeth Nourse; Russian esperantist Vladimir Varankin; American artist Troy Kinney; Polish nun and mystic Saint Mary Faustina Kowalska; British folklorist Alice Gomme; Russian composer Arvid Kubbel; French painter Suzanne Valadon; English architect Sir Edward Guy Dawber; Russian economist Boris Brutskus; Dutch poet and critic Willem Kloos; Russian writer Aleksandr Kuprin; American Union Civil War general Aaron S. Daggett; German physicist Max Wien; Canadian painter Florence Helena McGillivray; American songwriter Papa Charlie Jackson; American-born journalist and author Elizabeth Banks; Welsh hymnist and poet John Thomas Job; Russian sculptor Paolo Troubetzkoy; Argentinean poet Alfonsina Storni; British explorer Laurence Waddell; Japanese essayist and novelist Gotō Chūgai; Soviet Russian jurist and politician Nikolai Krylenko; German politician Heinrich Held; Swiss author Friedrich Glauser; American writer James Weldon Johnson; American botanist John Kunkel Small; Polish-born engineer and inventor Stefan Drzewiecki; American hymnist James Milton Black; Romanian neurologist Gheorghe Marinescu; French science fiction writer Gustave Le Rouge; American playwright and author Zona Gale; British diplomat Sir Reginald Fleming Johnston; American philatelist John N. Luff; German philosopher Edmund Husserl; Kashubian writer Aleksander Majkowski; German egyptologist Ludwig Borchardt; Polish-Russian poet and essayist Osip Mandelstam; Croatian children's writer Ivana Brlić-Mažuranić; French composer and music historian Maurice Emmanuel; Scottish-Canadian industrialist David Blyth Hanna; Russian revolutionary Osip Piatnitsky; German writer Adam Karrillon; British Antarctic explorer Frank Wild; English illustrator F. L. Griggs; English-Australian sculptor Paul Raphael Montford; British First World War admiral Sir Archibald Berkeley Milne; Belgian politician Edward Anseele; English artist and designer May Morris; French physiologist Victor Pachon; Russian-born Trotskyist Lev Sedov; Scottish aeronautical engineer Frank Barnwell; Romanian fascist Corneliu Zelea Codreanu; American journalist and author Isaac Goldberg; Irish-born amateur archaeologist Thomas Gann; French physician Raoul Bensaude; Italian poet and author Gabriele d'Annunzio; British colonial governor in India and Burma Sir Spencer Harcourt Butler; Russian mathematician Lev Schnirelmann; American plant geneticist Edward Murray East; Polish-American composer Leopold Godowsky; English engineer Sir Basil Mott; American painter William Langson Lathrop; Russian entomologist and palaeontologist Andrey V. Martynov; American missionary William Henry Singleton; Dutch zoologist and ethnographer Johannes François Snelleman; American novelist Robert Herrick; British poet Charles Dalmon; Australian-born philosopher Samuel Alexander; American songwriter Con Conrad; American biologist George Wilton Field; British designer and artist Mary Fraser Tytler; British politician and Governor-General of Canada Victor Cavendish, 9th Duke of Devonshire; Finnish astronomer Anders Donner; French neurologist Octave Crouzon; Snohomish Indian chief and sculptor William Shelton; Russian revolutionary Pavel Dybenko; American painter and author Katherine Carl; German mathematician Hans Fitting; Polish diplomat and scholar Leon Piniński; Australian anatomist Sir William Colin Mackenzie; Polish artist Teodor Axentowicz; English poet Sir Henry John Newbolt; German meteorologist Hugo Hergesell; American mathematician Derrick Norman Lehmer; Kyrgyz poet and scholar Kasym Tynystanov; American educator Lotus Delta Coffman; German philologist and politician Franz Spina; Canadian physician and author Sir Andrew Macphail; English historian Rev. Thomas Taylor; English entomologist Edward Meyrick; American mathematician Thomas William Edmondson; British missionary and linguist James Outram Fraser; English musicologist Sir Richard Runciman Terry; German art historian Cornelius Gurlitt; Chinese poet and diplomat Zheng Xiaoxu; Flemish writer Maurits Sabbe; American economist Henry Schultz; American author and illustrator Mary Hallock Foote; New Zealand historian T. Lindsay Buick; American painter Mathias Alten; German diplomat Max Montgelas; Puerto Rican historian and writer Arturo Alfonso Schomburg; Australian illustrator and cartoonist Will Dyson; French-born missionary and linguist Adrien-Gabriel Morice; Latvian-born photographer Gustav Klutsis; Canadian painter Mary Dignam; American composer and music writer Preston Ware Orem; British philatelist Edward Denny Bacon; Irish theologian and botanist Charles D'Arcy; German artist Georg Schrimpf; French engineer André-Eugène Blondel; American mathematician James Pierpont; German entomologist Adalbert Seitz; Polish Yiddish-language writer I. M. Weissenberg; Bolivian president José Luis Tejada Sorzano; American astronomer George Ellery Hale; American author, governor of the US Virgin Islands Paul Martin Pearson; American anthropologist and historian George Bird Grinnell; Russian-Swiss painter Marianne von Werefkin; British astronomer Arthur Stanley Williams; Polish writer Bruno Jasieński; Albanian poet Millosh Gjergj Nikolla; Japanese author Enzo Matsunaga; Spanish aviator Ramón Franco; British chemist and archaeologist Sir Robert Ludwig Mond; Romanian poet and folklorist Ovid Densusianu; Spanish novelist Armando Palacio Valdés; German mathematician Edmund Landau; American journalist Polly Pry; French missionary Joseph-Émile Baeteman; Norwegian-American merchant seaman and labour leader Andrew Furuseth; American economist John Bates Clark; American journalist and diplomat John Barrett; Russian writer and esperantist Nikolai Vladimirovich Nekrasov; Haitian historian Horace Pauleus Sannon; Austro-Hungarian playwright and novelist Ödön von Horváth; English-born mathematician and astronomer Ernest William Brown; American political historian James Wilford Garner; Russian literary scholar Pavel Nikolaevich Medvedev; Haitian poet and dramatist Charles Moravia.


Wednesday, July 16, 2008

Damn the facts, full term-extension ahead!

Taking a page out of the Canadian handbook, the European Union ignores sound economic and statistical analyses and gives the copyright industry what it wants anyway.

This was Andrew Gowers in 2006:

4.32 The incentives argument is sometimes applied to artists as well as to record companies. That is, if musicians were to receive royalties for an additional period of time, they would have more incentives to make music. This seems highly unlikely given there are a large number of bands already creating music without any hope of a financial return. Dave Rowntree, drummer with Blur and The Ailerons, commented that: “I have never heard of a single one [band] deciding not to record a song because it will fall out of copyright in ‘only’ fifty years. The idea is laughable.”

4.33 Evidence suggests that most sound recordings sell in the ten years after release, and only a very small percentage continue to generate income, both from sales and royalty payments, for the entire duration of copyright.

4.34 Extension would impact on all recordings. It would keep works in copyright even when they are not generating any income for rights owners. One study found that parties without legal rights have made more historic US recordings available than have rights holders. Furthermore, rights holders reissue recent works while largely ignoring earlier music. Of the sound recordings published between 1890 and 1964, an average of 14 per cent had been reissued by the copyright owner, and 22 per cent by other parties. These statistics suggest that the costs of renewing copyright41 or reissuing copyrighted material are greater than the potential private return, but that these works may have enduring social and cultural value.

4.35 The lack of commercial availability impacts upon consumers and users, but it is also worth noting the impact this has for all creators and musicians. Chapter 2 noted the increasing prevalance of licensing and the complexity of rights clearance. If works are protected for a longer period of time, follow-on creators in the future would have to negotiate licences to use the work during that extended period. This has two potential implications: first, the estates and heirs of performers would potentially be able to block usage rights, which may affect future creativity and innovation; and second, this would make tracing rights holders more difficult. Thus extending term may have negative implications for all creators.

4.39 Increasing the length of sound term increases the length of time during which royalties accrue. Once copyright in a sound recording ends, no royalties are due for that recording, and fewer licences are required to play those songs (copyright in the composition would continue, and therefore would continue to require a licence). PPL collects monies to remunerate rights holders whenever their sound recordings are played. In 2005 PPL collected £86.5 million from venues, premises and broadcasters to remunerate rights holders. The majority of this was collected from UK organisations and broadcasters. Because the cost of the licences reflects the royalties payable on the copyrights, as those copyrights expire, so the cost of the licences will fall. Term extension would keep the cost of sound recording licences higher for longer. Extension would increase costs for all businesses that play music, for example hairdressers, old people’s homes, local radio and internet service providers (ISPs). The impact of extension would therefore be felt throughout the economy.

4.40 In conclusion, the Review finds the arguments in favour of term extension unconvincing. The evidence suggests that extending the term of protection for sound recordings or performers’ rights prospectively would not increase the incentives to invest, would not increase the number of works created or made available, and would negatively impact upon consumers and industry. Furthermore, by increasing the period of protection, future creators would have to wait an additional length of time to build upon past works to create new products and those wishing to revive protected but forgotten material would be unable to do so for a longer period of time. The CIPIL report indicates that the overall impact of term extension on welfare would be a net loss in present value terms of 7.8 per cent of current revenue, approximately £155 million.

Recommendation 3: The European Commission should retain the length of protection on sound recordings and performers’ rights at 50 years.

And this is the European Union, today:

The term of protection for fixations of performances and for phonograms should therefore be extended to 95 years after publication of the phonogram and the performance fixed therein. If the phonogram or the performance fixed in a phonogram has not been published within the first 50 years, then the term of protection should run for 95 years from the first communication to the public.


Tuesday, July 08, 2008

Prentice's parrots

Canadian copyright law strikes proper balanceNew copyright law is needed in the Internet ageChanges to Copyright Act strike a proper balance
Copyright is not a simple issue.While the premise is simple, the application is complicated.
Further, the act should foster innovation to attract investment and high-paying jobs to Canada. Canadian copyright framework for the Internet must be in line with international standards.Bill C-61 will bring Canada up to date with all major industrial economies and clarifies copyright laws in light of the new Internet economy in the 21st century.
As we understand it, Bill C-61 will bring Canadian copyright laws in line with advances in technology and international standards. While not perfect, it is a good step forward for Canadian business in the Internet age.In reality, Bill C-61 is the legislative framework to bring Canadian copyright laws in line with advances in technology and international standards, which is a good step forward for Canadian business in the Internet age.Bill C-61 will bring the Act in line with advances in technology and international standards.
For most, it is important that we retain the ability to record our favourite TV shows for later viewing and to copy music that we've purchased onto other devices, such as MP3 players or cell phones.Bill C- 61 will allow you to record TV shows for later viewing, copy legally-purchased music onto MP3 players or cell-phones;Our government is the first to allow Canadians to record their TV and radio shows to enjoy at dif ferent times - without infringing copyright. Our reform will also permit consumers to copy music onto devices such as MP3 players,
We also want to make backup copies of books, newspapers, videocassettes and photographs onto devices we own. These are all protected under the new legislation.make back-up copies of legally-purchased books, newspapers, videocassettes and photographs onto devices you own;and to copy books, newspapers, videos and photos into different formats.
Further, the act will limit the "statutory damages" a court could award for all private-use copyright infringements.and limit the "statutory damages" a court could award for all private use copyright infringements.
On the other side of the coin, the act will implement new rights and protections for copyright holders that are tailored to the Internet.New rights and protections are required if rights holders are to better reach new markets, adapt their business models and combat infringement in a digital environment.
The government is providing a legislative framework for businesses, creators and copyright holders to do business in the Internet age.The government is providing the legislative framework.
It is up to creators and other copyright owners to decide how they use these legal tools. Copyright holders are most concerned about those who make a business out of the trade of illicit and infringing materials.It is up to creators and other copyright owners to decide how they use these legal tools. The Copyright Act has not been reformed significantly in 10 years.It is up to creators and other copyright owners to decide how they use these legal tools.
This bill can be supported by the broad business community as it strikes a proper balance between all stakeholders.Support from mainstream organizations like the Canadian Independent Record Production Association, the Canadian Chamber of Commerce, the Canadian Intellectual Property Council, Canadian Teachers Federation and the Alliance of Canadian Cinema Television and Radio Artists demonstrates these amendments strike a proper balance between all stakeholders.

Support from mainstream organizations from every spectrum demonstrates that these amendments strike a proper balance between all stakeholders. Supporters include the Canadian Independent Record Production Association, the Canadian Chamber of Commerce, the Canadian Intellectual Property Council, the Canadian Council of Chief Executives, the Canadian Teachers' Federation, the Council of Ministers of Education Canada, the Business Software Alliance and the Alliance of Canadian Cinema, Television and Radio Artists.
It is a 'made in Canada' solution that will bring Canada in line with other nations that have adopted the World Intellectual Property Organization Copyright Treaty.It's a made-in-Canada approach with different exceptions for educators, consumers and others and brings Canada in line with more than 60 countries, including Japan, France, Germany and Australia.Our made-in-Canada approach strikes a proper balance between the needs of consumers, students, researchers and creators, who all have to deal with the impact of technological changes that have taken place in the past decade.

Donna Hais is president of the Greater Nanaimo Chamber of Commerce.Walter Sendzik President and general manager, St. Catharines-Thorold Chamber of Commerce St. CatharinesJim Prentice Minister of Industry Ottawa
Nanaimo News Bulletin, July 7thSt. Catharines Standard, June 28Kingston Whig-Standard (etc., etc., etc., etc.)


Monday, June 16, 2008

Quantifying the response

Since Friday, the membership of the Fair Copyright for Canada group on Facebook — which can safely be marked down as "skeptical" when it comes to Bill C-61 — has been growing by one new signup every 18 seconds... more than three per minute... nearly 200 per hour... just under 5,000 per day.



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