step, especially during the 20th
century, despite our so-called "information society". In 2100, 99% of works
might be governed by copyright, with a meager 1% for public domain.
In the Copyright HowTo section, Project Gutenberg presents its own rules for
confirming the public domain status of books according to US copyright laws.
Here is a summary. Works published before 1923 entered the public domain no
later than 75 years from the copyright date. (All these works are now in the
public domain.) Works published between 1923 and 1977 retain copyright for 95
years. (No such works will enter the public domain until 2019.) Works created
from 1978 on enter the public domain 70 years after the death of the author if
the author is a natural person. (Nothing will enter the public domain until
2049.) Works created from 1978 on enter the public domain 95 years after
publication (or 120 years after creation) if the author is a corporate one.
(Nothing will enter the public domain until 2074.) Other rules apply too. The
copyright law was amended 11 times between 1976 and now.
Much more restrictive than the previous one, the current legislation became
effective after the promulgation of amendments to the 1976 Copyright Act, dated
October 27th, 1998. As explained by Michael Hart in July 1999: "Nothing will
expire for another 20 years. We used to have to wait 75 years. Now it is 95
years. And it was 28 years (+ a possible 28 year extension, only on request)
before that, and 14 years (+ a possible 14 year extension) before that. So, as
you can see, this is a serious degrading of the public domain, as a matter of
continuing policy."
These amendments were a major blow for digital libraries and deeply shocked
their founders, beginning with Michael Hart, founder of Project Gutenberg in
1971, and John Mark Ockerbloom, founder of The Online Books Page in 1993. But
how were they to measure up to the major publishing companies?
Michael wrote in July 1999: "No one has said more against copyright extensions
than I have, but Hollywood and the big publishers have seen to it that our
Congress won't even mention it in public. The kind of copyright debate going on
is totally impractical. It is run by and for the 'Landed Gentry of the
Information Age.' 'Information Age'? For whom?"
John wrote in August 1999: "I think it's important for people on the web to
understand that copyright is a social contract that's designed for the public
good -- wher
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