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MatPlus.Net Forum Promenade EU makes it illegal to publish most chess composition books
 
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(1) Posted by Siegfried Hornecker [Wednesday, Jun 20, 2018 17:42]; edited by Siegfried Hornecker [18-06-20]

EU makes it illegal to publish most chess composition books


As chess compositions are per se artistic works, which means there applies copyright, under the new EU copyright act it is illegal now to cite chess compositions, as teh right to quote copyrighted works for educational, artistic or scientific purposes - which by now allowed the re-publication - will be gone if this stupid idea is put into national law.

So, can we please give all permission to continue the re-use of our compositions?

I will start here. You can do whatever you want with my compositions (of course, giving name and source is necessary), but please send me a proof of publication.
 
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(2) Posted by Paz Einat [Friday, Jun 22, 2018 22:24]

Don;t know much about this new rule, but I certainly give permission to everyone to continue using my chess problem compositions as before
 
 
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(3) Posted by seetharaman kalyan [Saturday, Jun 23, 2018 07:10]

hm....Nice of you. But the real question is, who owns the copyright? Who owns the copyright-the composer or the magazine which published.
 
   
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(4) Posted by Paz Einat [Friday, Jun 29, 2018 12:35]

Currently there's no copyright. But I assume that your question is general, and in this respect I think the copyright belongs to the composer as he did not give it to the magazine. I know from scientific journals, that they officially ask authors of articles to give the copyright to the journal, so if one is not asked to give it - it belongs to him. This is a legal question and legal persons (lawyers) should actually answer this.
 
   
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(5) Posted by Jakob Leck [Monday, Jul 2, 2018 22:25]

I would be very interested to hear an expert's opinion on this subject. It probably is not true that there currently is no copyright. From what I learned in an introductory lecture on patent and copyright law last semester international copyright law is a mess. There are quite different criteria for works of art or literature or whatever else to be actually protected by the law in different countries. I. e. in Germany a work is required to be a "persönlich geistige Schöpfung" (personal intellectual creation), if you cross the border to Switzerland it's a "eigene geistige Schöpfung" ("own intellectual creation"?) so the personality aspect is missing. In Britain or some former British colonies the personality aspect is missing as well, however it is required that a certain amount of work went into the creation which in Germany is no criterion of evaluation.
So regarding this I think it is already tough to decide whether chess compositions are protected by copyright law. I. e. computer compositions are of course not a personal creation, but as soon as they are published with the name of a composer then they will probably be treated by the law as a creation by that author unless it is proven that they are not. Anyway, if compositions are protected by copyright law then the copyright is with the composer and (at least in German law) it cannot be handed over to another person or a magazine. The copyright holder can however grant the right to use or reproduce his work.
But again, it would be nice to have an expert's opinion. Let's hope the EU does not go mad on our art. :)
 
   
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(6) Posted by Anders Thulin [Tuesday, Jul 3, 2018 12:03]; edited by Anders Thulin [18-07-03]

International copyright does not depend on national legislation: it does not matter if Germany writes its law in one way, and the UK writes it differently.

What matters is what conventions apply between the states. In my example, it's very probably the Berne Convention on Copyright, in one of its revisions. And in that case, it's the Berne Convention text that has been agreed on, and how it describes the criteria for copyright.

Or ... any trade convention between the countries that states its own rules.
 
   
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(7) Posted by Jakob Leck [Tuesday, Jul 3, 2018 14:36]

Well, Anders, you are right in mentioning the Berne Convention which of course has to be consulted when dealing with international copyright law, but it does not replace national law. In fact, there are many places where the Berne convention explicitly states that national law may define exceptions or deviations from the Berne convention. Interesting are for example:
Article 5
(1) Authors shall enjoy, in respect of works for which they are protected under this Convention, in countries of the Union other than the country of origin, the rights which their respective laws do now or may hereafter grant to their nationals, as well as the rights specially granted by this Convention.

Article 19
The provisions of this Convention shall not preclude the making of a claim to the benefit of any greater protection which may be granted by legislation in a country of the Union.

Source:
http://www.wipo.int/treaties/en/text.jsp?file_id=283698
So national law still has to be considered, i. e. the duration of copyright which is longer in Germany than the Berne Convention requires.
 
 
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MatPlus.Net Forum Promenade EU makes it illegal to publish most chess composition books