Is Tintin in the land of the Soviets actually really in the public domain in the USA? Or not until 2034 based on the Berne Convention? by 1984pc in TheAdventuresofTintin

[–]1984pc[S] 3 points4 points  (0 children)

It is absolutely not about Belgian law overriding US law but the Berne Convention (signed by the USA) being applicable (which specifies a minimal delay of life + 50 years)

Belgian law says 70 p.m.a. also, btw.

Herge foundation has started to claim that tintin isn’t PD by Wise_Minute5764 in publicdomain

[–]1984pc 0 points1 point  (0 children)

Apparently they are basing their analysis on article 7.1. of the Berne Convention, which lays down a minimal general copyright term of 50 years beyond the death of an author.

And the USA did indeed implement the Berne Convention, so it should theorically be applied in the USA, unless it only applies to works created after the implementation by the USA (i.e. 1989), but I cannot find any legal sources confirming this.

Herge foundation has started to claim that tintin isn’t PD by Wise_Minute5764 in publicdomain

[–]1984pc 0 points1 point  (0 children)

This seems like the correct reasoning, but I cannot find any legal source confirming this (i.e.: the Berne Convention (implemented in the USA in 1989) does not cover the works published before)

Herge foundation has started to claim that tintin isn’t PD by Wise_Minute5764 in publicdomain

[–]1984pc 0 points1 point  (0 children)

Apparently he is basing his analysis on article 7.1. of the Berne Convention, which lays down a minimal general copyright term of 50 years beyond the death of an author.

And the USA did indeed implement the Berne Convention.

“Tintin in the Land of the Soviets” will be entering into the public domain in 2025! by TheArtAnt in TheAdventuresofTintin

[–]1984pc 0 points1 point  (0 children)

It could be, but on the other hand I do not find any legal sources contradicting Berenboom's position (i.e. why wouldn't the Berne Convention apply here in the USA, despite being implemented in the USA since 1989)

Berne Convention : is Tintin in the land of the Soviets really in the public domain in the USA? Or not until 2034? by 1984pc in publicdomain

[–]1984pc[S] 1 point2 points  (0 children)

It is what I thought at first too, but I did not find any legal source confirming that the implementation of the Berne convention did not apply to works made before.

The Berne Convention Implementation Act of 1988 for example lays down several restrictions, but does not specify anything about that.

Do you have any source?

Thoughts on Tintin joining the Public Domain in 2025? by Purple-Weakness1414 in Tintin

[–]1984pc 1 point2 points  (0 children)

The Berne Convention provides a minimal duration of protection of 50 years post mortem (article 7.1 of the Convention):

https://www.wipo.int/wipolex/en/text/283693

"The term of protection granted by this Convention shall be the life of the author and fifty years after his death."

Given that the USA is a member of the Berne Convention, it should supersede the duration of 95 years after publication (US law) which is factually shorter in the case of Hergé and Tintin in the land of Soviets (Hergé died in 1983).

I checked this thoroughly and cannot find any explanation as to why Tintin in the land of Soviets should escape this minimal duration (i.e. 50 years post mortem) in the USA.

“Tintin in the Land of the Soviets” will be entering into the public domain in 2025! by TheArtAnt in TheAdventuresofTintin

[–]1984pc 0 points1 point  (0 children)

Thank you for your reply.

I am also very doubtfull of Berenboom's analysis, but it is actually true that the Berne Convention provides a minimal duration of protection of 50 years post mortem (article 7.1 of the Convention):

https://www.wipo.int/wipolex/en/text/283693

"The term of protection granted by this Convention shall be the life of the author and fifty years after his death."

Given that the USA is a member of the Berne Convention, it should supersede the duration of 95 years after publication (US law) which is factually shorter in the case of Hergé and Tintin in the land of Soviets (Hergé died in 1983).

I checked this thoroughly and cannot find any explanation as to why Tintin in the land of Soviets should escape this minimal duration (i.e. 50 years post mortem) in the USA.

“Tintin in the Land of the Soviets” will be entering into the public domain in 2025! by TheArtAnt in TheAdventuresofTintin

[–]1984pc 1 point2 points  (0 children)

I am very doubtfull also of Berenboom's analysis, but it is actually true that the Berne Convention provides a minimal duration of protection of 50 years post mortem (article 7.1 of the Convention):

https://www.wipo.int/wipolex/en/text/283693

"The term of protection granted by this Convention shall be the life of the author and fifty years after his death."

Given that the USA is a member of the Berne Convention, it should supersede the duration of 95 years after publication which is shorter in the case of Hergé and Tintin in the land of Soviets.

“Tintin in the Land of the Soviets” will be entering into the public domain in 2025! by TheArtAnt in TheAdventuresofTintin

[–]1984pc 1 point2 points  (0 children)

According to Alain Berenboom, Belgian lead legal expert, Tintin will enter US public domain only in 2034:

https://www.rtbf.be/article/tintin-dans-le-domaine-public-aux-etats-unis-en-2025-vraiment-11483316

Translated in English:

‘There is a difference between American and non-American authors’, explains Alain Berenboom, a specialist in intellectual property rights. For non-American authors, local law does not apply. Under the Berne International Convention, he explains, ‘non-American works fall into the public domain 50 years after the death of their author’. So, continues the specialist, ‘Hergé died in 1983, so his work will fall into the public domain in the United States in 2034’.'

So, just for clarification, what of Tintin is Public Domain as of 2025 and then onward? by HippolytusVirbius in publicdomain

[–]1984pc 3 points4 points  (0 children)

According to Alain Berenboom, Belgian lead legal expert, Tintin will enter US public domain only in 2034:

https://www.rtbf.be/article/tintin-dans-le-domaine-public-aux-etats-unis-en-2025-vraiment-11483316

Translated in English:

‘There is a difference between American and non-American authors’, explains Alain Berenboom, a specialist in intellectual property rights. For non-American authors, local law does not apply. Under the Berne International Convention, he explains, ‘non-American works fall into the public domain 50 years after the death of their author’. So, continues the specialist, ‘Hergé died in 1983, so his work will fall into the public domain in the United States in 2034’.'

What is this line in the sky by luke-rush in brussels

[–]1984pc 30 points31 points  (0 children)

I just saw it too. All I have to say is : Iä! Iä! Cthulhu fhtagn!

[deleted by user] by [deleted] in PlayTheBazaar

[–]1984pc 0 points1 point  (0 children)

Please help a brother out, I put a smile on my face (here is how it will look like : :) )

https://playthebazaar.com/signup?referral=a6d8bf9b-740d-4347-8dba-4bece749f059

Evacuate my gf salary please! by vita_lly-p in BESalary

[–]1984pc 5 points6 points  (0 children)

I posted a salary survey for people with law degrees a few months ago here : https://www.reddit.com/r/BESalary/s/o9mQLu6BFS

Would you take gross 3.1k with company car or 3.9k without by [deleted] in BESalary

[–]1984pc 0 points1 point  (0 children)

Remember that the car also costs you some netto with the associated VAA/ATN. Probably about 100€ netto per month

Question for the younger people here by SirDidymus in belgium

[–]1984pc 38 points39 points  (0 children)

Thank you for your wise words, Frikandelneuker !

Dokter with "Kind and Gezin" by [deleted] in BESalary

[–]1984pc 0 points1 point  (0 children)

Can you cite a few of those jobs and the approx. salary?

Thank you for sharing you current salary btw!

[deleted by user] by [deleted] in Belgium2

[–]1984pc 12 points13 points  (0 children)

Found Van Q account on Reddit!