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

[Angelopoulos, C.J.]

Hi Maarten,

Yup, that’s pretty much it! Another way to look at the provision btw would be that, with Crown copyright, the work is protected for 50 years after publication, but never for more than 125 years after its creation (that’s where the 75 years after creation rule come in).

Best,

Christina



-----Original Message-----
From: Maarten Zeinstra [mailto:mz at kl.nl]
Sent: Tue 23/02/2010 10:52
To: Angelopoulos, C.J.
Cc: pd-discuss at lists.okfn.org; Guibault, L.
Subject: Re: [pd-discuss] UK flowchart min (50 years from publication,125 years from publication)
 
Hi all,

Thanks for the good references and interpretations.

So in the most minimal cases it is 50 years?
For example a work is created and commercially published in 1950 then crown copyright would cease in 2001?

and in the maximum case it would be 125 years, after creation if it was not published commercially or published so 75 years after creation?
The same work created in 1950 would then fall in the public domain in 2075?

Also a very interesting question concerning the Term Directive.

Best,

Maarten Zeinstra

Kennisland | Knowledgeland 
T: +31.20.575.6720 | E: mz at kl.nl
www.kennisland.nl | www.knowledgeland.org

On Feb 22, 2010, at 18:13 , Angelopoulos, C.J. wrote:

> 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
>  
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> ________________________________________________
> 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
> www.kennisland.nl | www.knowledgeland.org
>  


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