[pd-discuss] Public Domain Day 2011 / Which works enter the PD in 2011?

Mon Oct 18 22:47:41 UTC 2010

It should be the case, Peter.

As far as the country of origen of the work does not involve a longer term
protection, which could be a nightmare in cases of joint authorship between
a Canadian author with another author who is/was a national or a resident of
another Berne Convention country that provide a longer protection.

Totally agree with your short statement, but I am not sure if EU-members
count as a single location or as several of them.

Please, let me know if I am wrong. I understand that, according to the Phil
Colins decision, which requires non discrimination between EU-citizens by
domestic copyright law, an EU-country shouldn`t apply the rule of shorter
term to nationals from another EU countries. However, it still can apply the
rule to national from third countries. Is it right?

Thanks for your answers.
A.

On Mon, Oct 18, 2010 at 4:47 PM, Peter B. Hirtle <pbh6 at cornell.edu> wrote:

> John is right on target in his message.  It is not correct to talk about
> "works that will enter the public domain in 2011" without specifying a
> location.  A work that is public domain in a life+70 country could still be
> protected by copyright in the U.S. or in Mexico (with its life + 100 term).
>  Conversely, some countries are still life +50.  Am I correct in assuming
> that a Canadian work that enters the public domain because its author died
> in 1960 would also enter the public domain in a place that follows the rule
> of the shorter term?
>
> In short, we can't just talk about works entering the public domain without
> also specifying a location.
>
> Peter
>
> Peter B. Hirtle
> CUL Intellectual Property Officer
> Digital Scholarship Services
> Cornell University Library
> 2B53 Kroch Library
> Ithaca, NY  14853
> peter.hirtle at cornell.edu
> t.  607.255-4033
> f.  607/255-9524
> http://www.copyright.cornell.edu
>
>
> -----Original Message-----
> From: pd-discuss-bounces at lists.okfn.org [mailto:
> pd-discuss-bounces at lists.okfn.org] On Behalf Of John Mark Ockerbloom
> Sent: Sunday, October 17, 2010 11:49 AM
> To: Public Domain discuss list
> Subject: Re: [pd-discuss] Public Domain Day 2011 / Which works enter the PD
> in 2011?
>
> Some additional thoughts:
>
> -- It'd be nice if whoever made the "life+70" version of the public domain
> chart could also code up a "life+50" version.  (Since it looks like the data
> was generated automatically, I'm hoping this could be done just be changing
> a parameter.)  While Europe and a growing number of other countries are on
> the life+70 term, there are still a number of other countries (like Canada)
> that are still life+50, but getting pressure for longer terms.  It'd be nice
> to show what people on those countries get to enjoy, and demonstrate the
> public benefits of the shorter term.
>
> -- There are more names and works that could go on the chart.  I've just
> checked the data I've downloaded from Hathi Trust for death dates in 1940,
> and found names not on this list, as well as works by them not mentioned
> there.  (The Hathi data is not complete; I'm just downloading the records
> for books that have been determined to be in the public domain in the US;
> and there are often multiple records for different editions of the same
> work.  But this may be a useful supplement.)
>
> -- If you'd like to include Hathi data in this or public domain or
> open-bibliographic projects, I've been told that they place no restrictions
> on the OAI-exported versions of their records.
> The information for OAI downloads can be found on their site.
>
> -- A project I'll be announcing sometime tomorrow (assuming no unforeseen
> glitches) will be making a lot of this data visible, searchable, and
> browsable in some interesting ways.  Please wait until the announcement on
> Everybody's Libraries, which will have more specifics, to spread this news,
>  but I think you'll find it an interesting and useful example of the sorts
> of useful new applications of open bibliographic data about public domain
> works.
>
> John
>
>
>
>
>
> Jonathan Gray wrote:
> > I should also add that:
> >
> > 1. We should think about what happened last year, and how we can build
> > on it. For anyone who didn't see this, there is a summary of various
> > initiatives here:
> >
> > http://blog.okfn.org/2010/01/05/public-domain-day-2010-a-roundup/
> >
> > Specific links:
> >
> > http://www.publicdomainday.org/
> > http://www.law.duke.edu/cspd/publicdomainday
> > http://everybodyslibraries.com/2010/01/01/public-domain-day-2010-drawi
> > ng-up-the-lines/
> > http://creativecommons.org/weblog/entry/20003
> >
> > 2. Juan Carlos De Martin just pinged me about a list that he
> > circulated to the communia-members list in August (which I missed!),
> > which is reassuringly  similar to the one that we just generated from
> > Wikipedia + DBpedia + PublicDomainWorks.net:
> >
> > Francis Scott Fitzgerald
> > Nathanael West
> > Isaac Babel
> > Mikhail Bulgakov
> > Leon Trotsky
> > Walter Benjamin
> > Paul Klee
> >
> > The only differences are that he's included Isaac Babel and Trotsky,
> > and we've included John Buchan, author of the Thirty Nine steps! I
> > guess we could also include Emma Goldman...
> >
> > 3. We should also obviously work to make sure we coordinate with as
> > many different initiatives as possible. If others have started
> > planning (and its not going to spoil any special surprises!) perhaps
> > they could pitch into this thread with an overview of what they're
> > doing?
> >
> > Would it be useful to have, e.g., a planning call on this?
> >
> > All the best,
> >
> > Jonathan
> >
> > On Sat, Oct 16, 2010 at 11:25 PM, Jonathan Gray <jonathan.gray at okfn.org>
> wrote:
> >> Hi all,
> >>
> >> Just a quick note to get the ball rolling on preparations for Public
> >> Domain Day 2011!
> >>
> >> To start off with, it would be good to have a clear picture of which
> >> works are going to be entering the public domain (in different
> >> jurisdictions) in the coming year.
> >>
> >> A rough guide is here:
> >>
> >> http://publicdomainworks.net/stats/year/2011
> >>
> >> I also cross referenced this with:
> >>
> >> http://en.wikipedia.org/w/index.php?title=Category:1940_deaths
> >> http://dbpedia.neofonie.de/browse/rdf-type:Person/deathDate-year~:194<http://dbpedia.neofonie.de/browse/rdf-type:Person/deathDate-year%7E:194>
> >> 0~1940/
> >>
> >> As far as I can see, it looks like 'notable' creators whose work will
> >> be entering the public domain include:
> >>
> >>  * F. Scott Fitzgerald
> >>  * Paul Klee
> >>  * Mikhail Bulgakov
> >>  * John Buchan
> >>  * Walter Benjamin
> >>  * Nathanael West
> >>
> >> To all of you copyright experts: does this seem accurate?
> >>
> >> Here are a few more which I know less about but whom might be worth
> >> investigating a bit more:
> >>
> >> http://en.wikipedia.org/wiki/%C3%89douard_Vuillard
> >> http://en.wikipedia.org/wiki/Nicolae_Iorga
> >> http://en.wikipedia.org/wiki/Han_Mac_Tu
> >> http://en.wikipedia.org/wiki/Ricardo_Mir%C3%B3
> >> http://en.wikipedia.org/wiki/Edward_Frederic_Benson
> >> http://en.wikipedia.org/wiki/Edwin_Markham
> >>
> >> Any others to add?
> >>
> >> Also, FYI, I have started working on a new website which will be
> >> launched on Public Domain Day 2011. Some information is available at:
> >>
> >> http://jonathangray.org/2010/10/17/introducing-the-public-domain-revi
> >> ew/
> >> http://publicdomainreview.okfn.org
> >>
> >> All the best,
> >>
> >> Jonathan
> >>
> >> --
> >> Jonathan Gray
> >>
> >> Community Coordinator
> >> The Open Knowledge Foundation
> >> http://blog.okfn.org
> >>
> >> http://twitter.com/jwyg
> >> http://identi.ca/jwyg
> >>
> >
> >
> >
>
>
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