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

Tue Oct 19 16:40:15 UTC 2010

Thanks, Christina.
I really appreciate you complete answer.
Best,
A

On Tuesday, October 19, 2010, Angelopoulos, C.J.
<C.J.Angelopoulos at uva.nl> wrote:
>
>
>
>
>
>
> 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:
>
>