geni wrote:
2008/5/25 Padraic <user.padraic(a)gmail.com>om>:
Based on our amateur legal analysis at
[[Commons:Deletion requests/Library
and Archives Canada non-PD images]], there is a potentially large class of
images which are PD in Canada, but not the US: those works whose copyright
was initially held by corporations (or the Crown), which expire 50 years
after publication, but only after 95 years in the US due to the URAA.
In the case of crown copyright can the government legaly enforce any
claim or would they run into a domestic lawsuit if they tried?
Domestic lawsuit over what? After 50 years it's in the public domain.
While the issue has previously been raised about public domain being
overridden by crown privilege this seems contrary to the Canadian court
tendency to diminish the influence of crown privilege.
Secondly are you sure the US wouldn't consider
crown copyright expired
the equivalent of released into the public domain?
One of the problems here is the continuing uncertainty over the US
non-recognition of the rule of the shorter term. Canada does
specifically recognize the shorter term except as it relates to works
from the United States or Mexico.
Ec