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Date: Fri, 23 Jul 2004 16:07:58 +0200
From: "MH" <nomailnospamere.no>
Subject: Re: Old Saab parts fiches online?


> I've got a full set of Saab parts catalogs on microfilm, from the > 2-stroke days up to the end of the 93/95/96/97 era. I also now have > a scanner capable of scanning them legibly. Two questions: > First, would people find this useful? Yes, I would. > Second, is there any conceivable way that Saab/GM would have a > problem with parts catalogs from 50 through 25 years ago being posted > online? Exactly the same question came up on http://autos.groups.yahoo.com/group/vSAAB/message/13905 and this was the final reply in the thread, quote; ------------------ Thanks to all who replied to my question. I work for an intellectual property law firm, and the consensus seems to be that this is most likely public domain in the USA, not elsewhere, because it was published in 1973, apparently without copyright notice. It couldn't be hidden in the fine print either because that would fail the requirement to "give reasonable notice of the claim of copyright." From Circular 01 of the Copyright Office (www.copyright.gov): "Before 1978, federal copyright was generally secured by the act of publication with notice of copyright, assuming compliance with all other relevant statutory conditions. U.S. works in the public domain on January 1, 1978, (for example, works published without satisfying all conditions for securing federal copyright under the Copyright Act of 1909) remain in the public domain under the 1976 Copyright Act. Certain foreign works originally published without notice had their copyrights restored under the Uruguay Round Agreements Act (URAA). Request Circular 38b and see the "Notice of Copyright" section on page 4 of this publication for further information." If you read circular 38b. you will see that the copyright would be restored only if it was published in the foreign country (Sweden), and must not have been published within the USA within 30 days of being published in Sweden. I doubt that they delayed publication to the USA, their biggest market, and I doubt that they have any records to prove it anyway. Also, there is something somewhere about a 5 year grace recovery period where they should have attempted to recover the documents published without copyright, but didn't. So, I think I'm safe as long as I don't travel to Sweden :-). And maybe I should limit readers to USA sites. ----------- MH

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