[pd-discuss] UK flowchart min (50 years from publication, 125 years from publication)

Mon Feb 22 17:13:26 UTC 2010

Hi Maarten,

The part of the flowchart you're referring to covers Crown copyright,
i.e. copyright in works made by the monarch or a civil servant in the
course of his or her duties. Section 163(3) of the UK's Copyright,
Designs and Patents Act governs the term of protection of Crown
copyright. The provision is as follows: 

"Crown copyright in a literary, dramatic, musical or artistic work
continues to subsist-

(a) until the end of the period of 125 years from the end of the
calendar year in which the work was made, or

(b) if the work is published commercially before the end of the period
of 75 years from the end of the calendar year in which it was made,
until the end of the period of 50 years from the end of the calendar
year in which it was first so published."

A good question here is how this provision is influenced by Article 10
of the Term Directive, i.e. is the term of protection still 125 years
from the date of creation if that period is longer than the period of 70
years after the death of the author (or whichever provision applies in
the individual instance) for works created after the 1 July 1995 or is
it shortened. I would assume the latter, but if anybody else has a
different interpretation I'd be happy to hear it!

Best,

Christina

________________________________

From: pd-discuss-bounces at lists.okfn.org
[mailto:pd-discuss-bounces at lists.okfn.org] On Behalf Of Guibault, L.
Sent: maandag 22 februari 2010 17:44
To: Maarten Zeinstra; pd-discuss at lists.okfn.org
Subject: Re: [pd-discuss] UK flowchart min (50 years from
publication,125 years from publication)

Hi Maarten,

I'm not sure that either one is correct anyway. The UK as Member State
of the EU must have a duration of life + 70 years or of 70 years from
publication in case of initial ownership by a legal entity. I don't know
where the 125 years comes from, maybe Christina has a better idea.

Regarding your earlier question about creating a category 'Legal', there
indeed needs a new category to catch remaining types of works not
falling in the other categories, but I would simply call it 'Other'.

Best regards,

Lucie

________________________________________________

Lucie Guibault

Instituut voor Informatierecht

Universiteit van Amsterdam

Bezoekadres:                             

Korte Spinhuissteeg  3, Kamer B2.17, Amsterdam               

Postadres:

Kloveniersburgwal 48, 1012 CX Amsterdam, Nederland          

Tel: +31.20.525.3947

Fax: +31.20.525.3033

Email: L.Guibault at uva.nl <mailto:L.Guibault at uva.nl> 

Website: www.ivir.nl

Please note that I am not in the office on Mondays

________________________________________________

________________________________

From: pd-discuss-bounces at lists.okfn.org
[mailto:pd-discuss-bounces at lists.okfn.org] On Behalf Of Maarten Zeinstra
Sent: maandag 22 februari 2010 15:29
To: pd-discuss at lists.okfn.org
Subject: [pd-discuss] UK flowchart min (50 years from publication,125
years from publication)

HI all,

In the UK flowchart as developed by OKFN and communia I see a field that
states: 

min (50 years from publication, 125 years from publication)

Does this mean that 

a work needs to be 50 years since publication AND 125 years from
creation before it falls in the public domain. 

Or does it mean

a work needs to be 50 years since publication OR 125 years from creation
before it falls in the public domain?

Best,

Maarten Zeinstra

Kennisland | Knowledgeland 

T: +31.20.575.6720 | E: mz at kl.nl <mailto:mv at kl.nl> 
www.kennisland.nl <http://www.kennisland.nl/>  | www.knowledgeland.org
<http://www.knowledgeland.org/> 

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