[okfn-discuss] [pd-discuss] Happy Thanksgiving! Presidents and Turkeys...

Mon Dec 5 13:39:15 UTC 2011

Hi All,

I would be more than happy to write to NASA about this asking them to
clarify. I will let you know when I receive a response.

All the best,

Sam

On Thu, Dec 1, 2011 at 10:16 AM, Jonathan Gray <jonathan.gray at okfn.org>wrote:

> Thanks Peter!
>
> Sam: might you be interested in writing to NASA to clarify this? :-)
>
> J.
>
> On Thu, Dec 1, 2011 at 1:49 AM, Peter B. Hirtle <pbh6 at cornell.edu> wrote:
> > Just an opinion, but you have stepped into one of the quagmires of
> copyright (and why it is so hard to say whether something is in the public
> domain).
> >
> > While the law was clearly intended to give agencies the right to protect
> U.S. government copyrights outside of the U.S., many agencies do not know
> this and prefer to treat all of their material  as being in the public
> domain everywhere.  Foreign copyright laws may also have a role to play.
>  For example, if a country follows the "rule of the shorter term," I
> suppose it might be possible for that country to argue that a work that is
> public domain in the US is also public domain in the foreign country.
> >
> > As for how NASA licenses its works abroad, I would suggest you ask them.
>  It is not at all clear from the guidelines you cite below.
> >
> > Bottom line: while it would be nice to pretend that everything from
> authors who died more than 70 years ago is in the public domain, that realm
> is not nearly that neat and orderly.
> >
> > Peter
> >
> >> -----Original Message-----
> >> From: mradamrgreen at googlemail.com
> >> [mailto:mradamrgreen at googlemail.com] On Behalf Of Adam Green
> >> Sent: Wednesday, November 30, 2011 5:37 AM
> >> To: Public Domain discuss list; Peter B. Hirtle; okfn-discuss
> >> Subject: Re: [pd-discuss] Happy Thanksgiving! Presidents and Turkeys...
> >>
> >> Many thanks for bringing our attention to this Peter. Post has been
> changed
> >> accordingly.
> >>
> >> Do you know what the status of NASA images would be beyond the U.S.?
> >> From what I can tell there seems to be no limitation to the U.S. in
> there
> >> copyright policy:
> >> http://www.jsc.nasa.gov/policies.html#Guidelines - but it would be
> good to
> >> get your opinion!
> >>
> >>
> >> > From: Peter B. Hirtle <pbh6 at cornell.edu>
> >> > Date: Mon, Nov 28, 2011 at 4:29 PM
> >> > Subject: Re: [pd-discuss] Happy Thanksgiving! Presidents and
> Turkeys...
> >> > To: Public Domain discuss list <pd-discuss at lists.okfn.org>,
> >> > okfn-discuss <okfn-discuss at lists.okfn.org>
> >> >
> >> >
> >> > The caption says "Images via Wikimedia Commons, and being works of the
> >> > U.S. federal government are in the public domain."  The images are in
> >> > the public domain in the United States, but they are not in the public
> >> > domain in the rest of the world.  According to the legislative history
> >> > for Section 105 of the Copyright Act:
> >> >
> >> >
> >> >
> >> > The prohibition on copyright protection for United States Government
> >> > works is not intended to have any effect on protection of these works
> >> > abroad. Works of the governments of most other countries are
> >> > copyrighted. There are no valid policy reasons for denying such
> >> > protection to United States Government works in foreign countries, or
> >> > for precluding the Government from making licenses for the use of its
> >> > works abroad.
> >> >
> >> >
> >> >
> >> > I bring this matter up because it is a reminder of how the
> >> > territoriality of copyright makes it difficult to talk about a work
> >> > being in the public domain.  As we get close to "public domain day,"
> >> > it is important to make it clear that just because an author died
> >> > before 1942 does not mean that her works are in the public domain.
> >> >
> >> >
> >> >
> >> > Public domain resources should either limit themselves to works that
> >> > are truly in the public domain everywhere or they should make clear
> >> > the geographical limitations on their assessment of public domain
> >> > status.
> >> >
> >> >
> >> >
> >> > Peter Hirtle
> >> >
> >> >
> >> >
> >> > -----Original Message-----
> >> > From: pd-discuss-bounces at lists.okfn.org
> >> > [mailto:pd-discuss-bounces at lists.okfn.org] On Behalf Of Jonathan Gray
> >> > Sent: Thursday, November 24, 2011 3:14 PM
> >> > To: okfn-discuss; Public Domain discuss list
> >> > Subject: [pd-discuss] Happy Thanksgiving! Presidents and Turkeys...
> >> >
> >> >
> >> >
> >> > http://publicdomainreview.org/2011/11/24/presidents-and-turkeys/
> >> >
> >> >
> >> >
> >> > --
> >> >
> >> > Jonathan Gray
> >> >
> >> >
> >> >
> >> > Community Coordinator
> >> >
> >> > The Open Knowledge Foundation
> >> >
> >> > http://www.okfn.org
> >> >
> >> >
> >> >
> >> > http://twitter.com/jwyg
> >> >
> >> >
> >> >
> >> > _______________________________________________
> >> >
> >> > pd-discuss mailing list
> >> >
> >> > pd-discuss at lists.okfn.org
> >> >
> >> > http://lists.okfn.org/mailman/listinfo/pd-discuss
> >> >
> >> >
> >> > _______________________________________________
> >> > pd-discuss mailing list
> >> > pd-discuss at lists.okfn.org
> >> > http://lists.okfn.org/mailman/listinfo/pd-discuss
> >> >
> >> >
> >> >
> >> > --
> >> > Jonathan Gray
> >> >
> >> > Community Coordinator
> >> > The Open Knowledge Foundation
> >> > http://www.okfn.org
> >> >
> >> > http://twitter.com/jwyg
> >>
> >>
> >>
> >> --
> >> Adam Green
> >>
> >> Editor, The Public Domain Review
> >> http://publicdomainreview.org/
> >>
> >> The Open Knowledge Foundation
> >> http://okfn.org/
> >
> > _______________________________________________
> > pd-discuss mailing list
> > pd-discuss at lists.okfn.org
> > http://lists.okfn.org/mailman/listinfo/pd-discuss
>
>
>
> --
> Jonathan Gray
>
> Community Coordinator
> The Open Knowledge Foundation
> http://www.okfn.org
>
> http://twitter.com/jwyg
>

-- 
Sam Leon
Community Coordinator
Open Knowledge Foundation
http://okfn.org/
Skype: samedleon
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