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I think practically a lot more things are in the public domain because they were distributed via the internet to certain countries that until recently had a much lower bar than the Berne Convention standard and entered the public domain there.

Edit: or had at least one person make at least one copy there. If the law allowed everyone to make one copy for private use.

Or perhaps I’m misunderstanding ?

e.g. Ethiopia which only shifted to a quasi Berne standard midway through 2004.



Something going into the public domain in one country doesn't mean that it automatically enters the public domain in every country. It may make it easier to find a free copy on the internet, but it is still often under copyright in other countries. The article is about works that are going into the public domain legally, not just practically.


But they would be legally in the public domain for anyone in Ethiopia?

Ethiopian citizens, residents, etc., can clearly own a copy for each work.


It depends on your purpose. If you’re an American who wants to make movies for Americans, that are derivative of one of these works, this matters a lot.


And if you’re a filmmaker who intends to establish their business in Ethiopia…?


Then you can establish your business in Ethiopia, but good luck selling it in the US!


That’s not an issue for the filmmaker who sticks to online distribution, there are branches of well known payment processors in Addis Ababa.

They won’t be making blockbuster movies anytime soon, but I imagine their business would be greater than zero?


> That’s not an issue for the filmmaker who sticks to online distribution, there are branches of well known payment processors in Addis Ababa.

Yes it is once they distribute to people online outside of Ethiopia.

And the payment providers will enforce that.


No?

Where did you come across this notion?

Plenty of people in e.g. India, Brazil, etc., buy literally counterfeit goods, dvds, blurays, and so on, all the time, let alone transformed works.

Often even with the exact packaging design of well known companies preserved on the counterfeit packaging.

And the purchases are often made via well known global payment processors.

Edit: At most a large fraction of potential US customers would be discouraged by the need to use a VPN for online streaming or by the risk of a physical disc getting seized. But that’s still far from zero potential customers.


It would still be infringing to bring a copy into some countries from Ethiopia. UK doesn't have fair use, for example.


Yes, but on the internet someone in the UK can just get a connection to some server in Ethiopia hosting this vast treasure trove of works. So maybe not de jure, but probably de facto.

Edit: And maybe it is de jure too for those on a ship on the high seas?


Oh sure, you can, it's tortuous though.

Pirate radio worked, but listeners don't make a copy, ... it's a good question, I think if you fixed the work long enough to read/watch a text/video then it would be considered to be at least contributory infringement.




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