[pd-discuss] How to build a public domain calculator?

Mon Nov 23 16:48:23 UTC 2009

Dear Jonathan, Christina and all,

On 11/23/2009 11:07 AM, Angelopoulos, C.J. wrote:
[...]
> 
> -	I am a bit confused by the second question as it seems to
> conflate the issues of parallel ownership by multiple owners over a
> single work with the issue of works that have been published in multiple
> parts, instalments, issues or episodes... 

agree!

> 
> -	On that note, even when handling the question of multiple
> authors alone, I think a distinction should be made between works of
> joint authorship, collective works and compilations. Are these
> possibilities offered different legal treatment in national law? (I'm
> using the terms in their British work here, i.e.:  works of joint
> authorship = works produced by collaboration where the contributions of
> the various authors are not distinct from each other / collective work =
> works produced by collaboration where the contributions of the
> collaborators are separate from each other / compilations = the compiler
> is author of the whole, although there may be several different works by
> other authors represented in the collection.)

Totally agree. AFAIK there are at least 3 different approaches in EU
countries, and obviously no harmonization at all...

> 
> -	At any rate, I think it is important at least for EU Member
> States to include a question asking how works of joint authorship and
> collective works are defined in the national jurisdiction, given that
> the terms are mentioned in the Term Directive, but not harmonised...

or having a small calculator that depending on the type of contribution
tells you if it is joint/collective/compilation...

> 
> -	Should we include a question about anonymous or pseudonymous
> works? 

i'd say yes since this influences the term of protection

> 
> -	Should we include a question about maybe cinematographic and
> audiovisual works or other types of copyright-protected works that might
> still get separate treatment? (or is this intended to be covered by Q.4?
> I actually find its wording rather confusing...)

Depending on how deep and comprehensive the questionnaire has to be,
neighbouring rights of any sort, as well...

> 
> -	Should we include a question about related rights?

ops... :-)

> 
> -	Should we include a question about moral rights?

you know that I am a supporter of this!

> 
> -	Perhaps we can expand on the last question a bit (or add
> separate questions) to include examples of provisions such as the French
> ones for works created during the First and Second World Wars or works
> that are granted protection longer than the national norm (e.g. Peter
> Pan)?

this is interesting indeed, but we might schedule it for a "second
stage" if we want to get it quickly.

regards

thomas