[pd-calculators] Update to Canadian copyright term flowchart

Wed Dec 17 15:56:53 UTC 2008

I did try to update the wiki but it wouldn't let me login and edit the 
page -- there seems to be something wrong with the login process. I sent 
the update to Jonathan Gray. Here's what I wanted to change the Canada 
section of that page to:

"
  * Work is being undertaken by Access Copyright (The Canadian Copyright 
Licensing Agency), Creative Commons Canada, Creative Commons Corp. and 
the Wikimedia Foundation. See 
[[http://creativecommons.ca/blog/?p=245|this announcement]] for more 
details. Also, this fits under the 
[[http://creativecommons.org/projects/pdwiki|CC PDwiki project]]. 
UPDATE: 
[[http://blog.kaplan-myrth.ca/updates-to-the-canadian-copyri|Most recent 
version of the flowchart is v.6]], current as of December 16, 2008.
"

That's a link to my own blog post about the flowchart update:
   http://blog.kaplan-myrth.ca/updates-to-the-canadian-copyri

Cheers,
Andy

Jon Phillips wrote:
> 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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>> pd-calculators at lists.okfn.org
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-- 
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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