[pd-discuss] PD help-French law

Fri Mar 11 12:48:44 UTC 2011

Hi Frédérique,
I just checked the list you mentioned, but it is not accure at least in the
cases of Chile, Colombia and Ecuador.
It seems that the list only include the general rule, but neither the
exceptions or special rules nor previous relevant rules. Therefore, it is
not enough to determine the legal status of the works, at least in the case
of the mentioned countries. I wonder if the law in the WIPO system is enough
for that purpose; in the past, I haven´t had good experience with the WIPO
data base, and I have cross-checked with the UNESCO data
base<http://portal.unesco.org/culture/en/ev.php-URL_ID=14076&URL_DO=DO_TOPIC&URL_SECTION=201.html>
Best,
A.

2011/3/11 Frédérique Reynertz <fredr15 at yahoo.fr>

> There's an interesting list of countries' copyright length on wikipedia,
> which I never had the occasion to double check but seems quite comprehensive
> and well documented.
> http://en.wikipedia.org/wiki/List_of_countries%27_copyright_length
> Otherwise, WIPO is providing an exhaustive list of countries with their
> relevant legislation with regard to all IP related topics on
> http://www.wipo.int/wipolex/en/
>
> --- En date de : *Jeu 10.3.11, Peter B. Hirtle <pbh6 at cornell.edu>* a
> écrit :
>
>
> De: Peter B. Hirtle <pbh6 at cornell.edu>
> Objet: Re: [pd-discuss] PD help-French law
> À: "Public Domain discuss list" <pd-discuss at lists.okfn.org>
> Date: Jeudi 10 mars 2011, 20h35
>
>
> Thank you, Catherine, for this explanation.
>
> It sounds like the Cour de Cassation only wanted to make sure that
> copyright terms did not shrink when France adopted the Term Directive.  That
> means that I can imagine several possible dates before which all
> non-posthumously published French works must be in the public domain:
>
> A.  If someone "died for France" in 1914, he/she would receive a 100 year
> copyright term:  Life of the author + 70 years + 30 years extension.
>
> B.  Can someone "die for France" prior to WWI?  If someone could "die for
> France" in 1911, those works would still be copyrighted (life + 70 + 30).
> That would mean that any non-posthumous published work of an author who died
> before 1911 must be in the public domain.
>
> C. Do such works also receive the WWI extension of 6 years plus either 83
> or 152 days?  If that is the case, then sounds like a work for an author who
> died in 1907 (if "A" above applies) or 1903 (if "B" above applies) could
> still be protected by copyright.  (I don't even want to think about how to
> apply days of copyright protection...)
>
> If A or B is the right answer, then my earlier suggestion that all
> non-posthumous works published by authors who died before 1911 are in the
> public domain everywhere in the world still stands.  If C applies, then we
> may have to move the date backwards.
>
> There are of course works that were published later that are also in the
> public domain, but it looks like life + 100 (and maybe longer) is the cutoff
> below which we can say that all non-posthumously published works warrant the
> CC Public Domain Mark (since that is to be used "for works that are free of
> known copyright around the world").
>
> Peter
>
>
> -----Original Message-----
> From: pd-discuss-bounces at lists.okfn.org<http://fr.mc290.mail.yahoo.com/mc/compose?to=pd-discuss-bounces@lists.okfn.org>[mailto:
> pd-discuss-bounces at lists.okfn.org<http://fr.mc290.mail.yahoo.com/mc/compose?to=pd-discuss-bounces@lists.okfn.org>]
> On Behalf Of Jasserand, Catherine
> Sent: Thursday, March 10, 2011 4:47 AM
> To: 'Public Domain discuss list'
> Subject: Re: [pd-discuss] PD help-French law
>
> Exactly.
>
> French law (Code de la propriété intellectuelle) contains three provisions
> extending the term of protection for works published during WWI and WWII as
> well as for works whose authors "died for France" during the WWs. These
> articles were not repealed by the Parliament when it implemented the Term
> Directive into French law. However, two decisions of the Court of Cassation
> (27.02.2007) have excluded the extension of terms of protection under the
> condition that the new term of protection does not shorten longer terms of
> protection that would have started before 1 July 1995. It seems according to
> this ruling that musical works, which were benefitting from a longer term of
> protection (70 years p.m.a. instead of 50 years p.m.a) before 1 July 1995
> should still benefit from extensions due to wars.
>
> Is it the reference you are looking for?
>
> If you need more details, I can provide a short memo that I wrote on this
> (with different hypotheses) as well as the decisions of the Court of
> Cassation.
>
> Kind regards,
> Catherine Jasserand
>
> IViR
>
>
> -----Original Message-----
> From: pd-discuss-bounces at lists.okfn.org<http://fr.mc290.mail.yahoo.com/mc/compose?to=pd-discuss-bounces@lists.okfn.org>[mailto:
> pd-discuss-bounces at lists.okfn.org<http://fr.mc290.mail.yahoo.com/mc/compose?to=pd-discuss-bounces@lists.okfn.org>]
> On Behalf Of Peter B. Hirtle
> Sent: woensdag 9 maart 2011 23:02
> To: Public Domain discuss list
> Subject: Re: [pd-discuss] PD help
>
> Wasn't there a recent French court case that said that the European
> harmonization directive superseded the French extensions for authors who
> were "mort pour la France"?
>
> Can someone who knows duration in France speak to this?
>
> Peter Hirtle
>
> -----Original Message-----
> From: pd-discuss-bounces at lists.okfn.org<http://fr.mc290.mail.yahoo.com/mc/compose?to=pd-discuss-bounces@lists.okfn.org>[mailto:
> pd-discuss-bounces at lists.okfn.org<http://fr.mc290.mail.yahoo.com/mc/compose?to=pd-discuss-bounces@lists.okfn.org>]
> On Behalf Of Andrew Gray
> Sent: Tuesday, March 08, 2011 5:56 PM
> To: Public Domain discuss list
> Subject: Re: [pd-discuss] PD help
>
> On 8 March 2011 22:29, Alberto Cerda <alberto at derechosdigitales.org<http://fr.mc290.mail.yahoo.com/mc/compose?to=alberto@derechosdigitales.org>>
> wrote:
> > Mmmm.... I think the Mexican copyright law provides protection to
> > copyright holder for the author's life plus 100 years. To my
> > knowledge, that is the longest term, but, unfortunately, I do not know
> since when that terms apply.
>
> There's an interesting detail in French law which provides that any author
> killed in wartime is given a thirty-year copyright extension, at least since
> 1914 or so. (It is apparently a bit variable in detail, thanks to EU
> harmonization, but there's definitely some potential for
> life+up-to-100 cases).
>
> http://www.celog.fr/cpi/lv1_tt2.htm (Art. L.123-10)
>
> I'm not aware of any other country which has a similar provision, but it's
> quite possible there are some.
>
> --
> - Andrew Gray
>   andrew.gray at dunelm.org.uk<http://fr.mc290.mail.yahoo.com/mc/compose?to=andrew.gray@dunelm.org.uk>
>
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