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

Tue Oct 19 16:14:43 UTC 2010

Hi Alberto,

Phil Collins does indeed clarify that the EC Treaty forbids
discrimination on the basis of nationality within the EU in relation to
copyright and neighbouring rights. With regard to term, this was made
explicit with the adoption of the Term Directive in '93. This imposes a
unified term of 70 years p.m.a. throughout the EU (plus other more
specific rules). Article 7 also explains that the rule of shorter term
would only apply to nationals of non-EU states. 

As a result, cases where MS provide different terms of protection should
be fewer, but not completely extinct. Each MS definitely still counts
are a single jurisdiction and the differences can sometimes be quite
big! The EU should therefore certainly not be treated as a single
territory for purposes of term calculation. In cases where differences
still persist, however, the same protection must be offered within each
MS to all nationals of all MS.

Hope this helps!

Best,

Christina

________________________________

From: pd-discuss-bounces at lists.okfn.org
[mailto:pd-discuss-bounces at lists.okfn.org] On Behalf Of Alberto Cerda
Sent: dinsdag 19 oktober 2010 0:48
To: Public Domain discuss list
Subject: Re: [pd-discuss] Public Domain Day 2011 / Which works enter the
PDin 2011?

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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