[pd-calculators] Update to Canadian copyright term flowchart
Andy Kaplan-Myrth
andy at kaplan-myrth.ca
Tue Dec 16 21:43:53 UTC 2008
Hi,
I made two updates to the Canadian copyright term flowchart today and
thought I would push them out there to others working on similar projects.
We were at version 4 of the flowchart before. Two similar problems were
identified and fixed, so we're at version 6 now (attached).
Basically, the spine of the flowchart goes down the left side
identifying special cases. In the first two special cases (photographs
and "Crown Copyright"), the chart dealt with the special cases but then
neglected to identify the subset of special cases that should be handled
like the general case. These were formerly piped to the end of the
chart, but should be piped back into the spine to run through the
remaining special cases.
Hard to follow? So, for example, photographs are a special case for
copyright term calculation in Canada, but only if they have corporate
authors. If their authors are "natural people" (not corporations), then
they should be handled the same way as any other work. The flowchart
should send those back to the spine so we can capture the special case
of, say, photographs that are anonymously published.
So photographs were one special case. The other special case is Crown
Copyright, a quirk of Canadian law that gives a special copyright term
to works created or published by the Crown (i.e. the government). But it
was pointed out that if a work is co-authored by the Crown and by one or
more other non-Crown authors, then the term of copyright for the work
may depend on the non-Crown author. These cases should be piped back to
the spine. Having made that change, we can now accommodate works
published jointly by the Crown and pseudonymous authors!
So that puts us at version 6 of the flowchart. I am attaching the Dia
file (see http://live.gnome.org/Dia) and the PNG image version here for
your enjoyment. They are licensed under a Creative Commons Attribution
2.5 Canada licence:
http://creativecommons.org/licenses/by/2.5/ca/
Cheers,
Andy
--
Andy Kaplan-Myrth, M.A., LL.B.
Barrister & Solicitor
------------------------------------------------
email: andy at kaplan-myrth.ca
web: http://kaplan-myrth.ca
blog: http://blog.kaplan-myrth.ca
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