[pd-calculators] Update to Canadian copyright term flowchart

Wed Dec 17 15:50:28 UTC 2008

Did you update the wiki page with this info? I'm curious how others are
progressing on their charts? I have preliminary algorithm for China
Mainland I need to add to the list...

Also, Andy, I wonder if you could write a quick statement about how pd
status will work across jurisdictions as we just talked on the phone
about...I think this is important for comprehension of why working on
these charts is so important.

Jon

On Tue, 2008-12-16 at 16:43 -0500, Andy Kaplan-Myrth wrote:
> 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
> 
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Jon Phillips
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