[cc-community] [CCi] Collaboration for public domain flowcharts

Andy Kaplan-Myrth techlaw at uottawa.ca
Wed Apr 1 16:13:50 EDT 2009


Gisle Hannemyr wrote:
> Andy Kaplan-Myrth wrote:
>> Gisle Hannemyr wrote:
>>> I think a general problem with the Canadian PD flowchart, and other
>>> similar effort originating on the American continent, are that they
>>> only address economic rights and seem to ignore moral rights.
> 
>> I don't see that as a problem -- where there are moral rights in
>> Canada, they run for the same term as the economic rights. Remember,
>> this flowchart is not supposed to help figure out the *scope* of
>> copyright in a work, just the *term*.
> 
> That's nice.
> But what if they do not coincide?
> 
> In Norway, moral rights are perpetual, they never expire.
> So the Norwegian flowchart for when a work enters the public domain
> is very simple: It will never happen.
> 
> On the other hand, economic rights expire (in most cases) 70 years
> after the death of the longest living author. As a consequence, I find
> that knowing the date when economic rights expire for a work more
> relevant than the non-existing "public domain" datum.

Right, in some jurisdictions they'll be different -- so in those 
places, the flowchart will need to be different, maybe significantly 
different.

What you wrote about Norway is all useful information that could 
easily be integrated into a flowchart showing the term for economic 
copyright rights in Norway. And a PDWiki site for Norway would only be 
able to show when economic rights expire, and not real public domain 
status. That's still useful, isn't it?

Want to work on a flowchart for Norway? ;-)

Cheers,
Andy	


-- 
Andy Kaplan-Myrth, M.A., LL.B.
Manager, Law & Technology, University of Ottawa

------------------------------------------------
Faculty of Law : Faculté de droit
University of Ottawa : Université d'Ottawa
57 Louis Pasteur Street
Ottawa, ON  K1N 6N5, Canada

613/562-5800 x3206 | fax: 613/562-5124
techlaw at uottawa.ca | http://www.commonlaw.uottawa.ca/tech
http://identi.ca/kaplanmyrth
------------------------------------------------


More information about the cc-community mailing list