We have a new problem to face in the coming months assuming countries ratify the Trans Pacific Partnership https://en.wikipedia.org/wiki/Trans-Pacific_Partnership
The text of the agreement has been released in the last 24 hours, early commentary is indicating that copyright changes will occur restoring copyright to some works that are currently PD. http://boingboing.net/2015/11/06/how-tpp-will-clobber-canadas.html
According reports this will affect media sourced in Canada where copyright will be extended from 50-70 years meaning that image sin this period may need to be deleted both on commons and on en:wp, Australian sourced images face a similar issue as will other countries.
Rather than a piece meal commons copyright battle, and a duplicate one on en:wp being lead by unqualified wikilawyers resulting in project discrepancies. I'm calling on the community to take more holistic approach and request that the WMF ask for its legal eagles to give an edict we can take or communities to explain what will happen in each jurisdiction as the TPP is ratified.
This will also give us guidance as to how Affiliates can approach and support activities locally to ensure material that is already freely available remains so.
Possibly Wikilivres, a site which is used to store PD works in Canada (but copyrighted works in the USA, i.e. a work which the author died 50 yrs ago or published by an organization 50 yrs ago), is also being affected. When the TPP was under negotiation, I was thinking whether it should move its base to a non-signatory of the TPP which currently shares similar copyright terms with Canada and has a lenient censorship regime (e.g. Hong Kong). Though I doubt whether the rule is only applicable to works published after the agreement is in effect.
Leung Chung-ming (User:春卷柯南) Chinese WIkipedia
2015-11-06 20:22 GMT+08:00 Gnangarra gnangarra@gmail.com:
We have a new problem to face in the coming months assuming countries ratify the Trans Pacific Partnership https://en.wikipedia.org/wiki/Trans-Pacific_Partnership
The text of the agreement has been released in the last 24 hours, early commentary is indicating that copyright changes will occur restoring copyright to some works that are currently PD. http://boingboing.net/2015/11/06/how-tpp-will-clobber-canadas.html
According reports this will affect media sourced in Canada where copyright will be extended from 50-70 years meaning that image sin this period may need to be deleted both on commons and on en:wp, Australian sourced images face a similar issue as will other countries.
Rather than a piece meal commons copyright battle, and a duplicate one on en:wp being lead by unqualified wikilawyers resulting in project discrepancies. I'm calling on the community to take more holistic approach and request that the WMF ask for its legal eagles to give an edict we can take or communities to explain what will happen in each jurisdiction as the TPP is ratified.
This will also give us guidance as to how Affiliates can approach and support activities locally to ensure material that is already freely available remains so.
-- G ideon
President Wikimedia Australia WMAU: http://www.wikimedia.org.au/wiki/User:Gnangarra _______________________________________________ Wikimedia-l mailing list, guidelines at: https://meta.wikimedia.org/wiki/Mailing_lists/Guidelines Wikimedia-l@lists.wikimedia.org Unsubscribe: https://lists.wikimedia.org/mailman/listinfo/wikimedia-l, mailto:wikimedia-l-request@lists.wikimedia.org?subject=unsubscribe
Europe harmonized it's copyright as well to 70 yrs for everything. It did not change an existing copyright state at the time when it is ratified by a countries law makers.
Rupert
Takes out the GPL too: http://keionline.org/node/2363
(yep, the TPP is every bit as good as we were expecting)
I anticipate a sudden tech coalition at that one, which we should get in on.
- d.
On 6 November 2015 at 12:22, Gnangarra gnangarra@gmail.com wrote:
We have a new problem to face in the coming months assuming countries ratify the Trans Pacific Partnership https://en.wikipedia.org/wiki/Trans-Pacific_Partnership
The text of the agreement has been released in the last 24 hours, early commentary is indicating that copyright changes will occur restoring copyright to some works that are currently PD. http://boingboing.net/2015/11/06/how-tpp-will-clobber-canadas.html
According reports this will affect media sourced in Canada where copyright will be extended from 50-70 years meaning that image sin this period may need to be deleted both on commons and on en:wp, Australian sourced images face a similar issue as will other countries.
Rather than a piece meal commons copyright battle, and a duplicate one on en:wp being lead by unqualified wikilawyers resulting in project discrepancies. I'm calling on the community to take more holistic approach and request that the WMF ask for its legal eagles to give an edict we can take or communities to explain what will happen in each jurisdiction as the TPP is ratified.
This will also give us guidance as to how Affiliates can approach and support activities locally to ensure material that is already freely available remains so.
-- G ideon
President Wikimedia Australia WMAU: http://www.wikimedia.org.au/wiki/User:Gnangarra _______________________________________________ Wikimedia-l mailing list, guidelines at: https://meta.wikimedia.org/wiki/Mailing_lists/Guidelines Wikimedia-l@lists.wikimedia.org Unsubscribe: https://lists.wikimedia.org/mailman/listinfo/wikimedia-l, mailto:wikimedia-l-request@lists.wikimedia.org?subject=unsubscribe
I don't see anything in the TPP requiring retroactive application of copyright terms. We'll have to wait and see how the various countries choose to apply the new terms. Applying terms retroactively is uncommon, but possible. We also have no idea when these countries are actually going to apply the new terms. It took the UK 100 years to apply the terms of the Berne Convention after signing it. If a country proposes a retroactive copyright extension as part of their compliance legislation, it is still possible to fight the retroactive provision (regardless of what BoingBoing says). In other words, it's way too early to start talking about deleting files from Commons. Even the URAA took 18 years from the time it was passed until Commons had to actually deal with it (due to the *Golan v. Holder* decision).
On Fri, Nov 6, 2015 at 5:22 AM, Gnangarra gnangarra@gmail.com wrote:
We have a new problem to face in the coming months assuming countries ratify the Trans Pacific Partnership https://en.wikipedia.org/wiki/Trans-Pacific_Partnership
The text of the agreement has been released in the last 24 hours, early commentary is indicating that copyright changes will occur restoring copyright to some works that are currently PD. http://boingboing.net/2015/11/06/how-tpp-will-clobber-canadas.html
According reports this will affect media sourced in Canada where copyright will be extended from 50-70 years meaning that image sin this period may need to be deleted both on commons and on en:wp, Australian sourced images face a similar issue as will other countries.
Rather than a piece meal commons copyright battle, and a duplicate one on en:wp being lead by unqualified wikilawyers resulting in project discrepancies. I'm calling on the community to take more holistic approach and request that the WMF ask for its legal eagles to give an edict we can take or communities to explain what will happen in each jurisdiction as the TPP is ratified.
This will also give us guidance as to how Affiliates can approach and support activities locally to ensure material that is already freely available remains so.
-- G ideon
President Wikimedia Australia WMAU: http://www.wikimedia.org.au/wiki/User:Gnangarra
Commons-l mailing list Commons-l@lists.wikimedia.org https://lists.wikimedia.org/mailman/listinfo/commons-l
Le ven. 6 nov. 2015 à 11:22, Ryan Kaldari rkaldari@wikimedia.org a écrit :
Applying terms retroactively is uncommon, but possible.
Already happened. https://en.wikipedia.org/w/index.php?title=Sonny_Bono_Copyright_Term_Extensi...
On Fri, Nov 6, 2015 at 9:22 AM, Ryan Kaldari rkaldari@wikimedia.org wrote:
I don't see anything in the TPP requiring retroactive application of copyright terms. We'll have to wait and see how the various countries choose to apply the new terms. Applying terms retroactively is uncommon, but possible. We also have no idea when these countries are actually going to apply the new terms.
I don't think it's uncommon, the US is the odd one out on this (or almost out, since in the end it did apply Berne terms retroactively). For example the EU Copyright Directive prescribes a death + 70 copyright term so countries joining the EU restore copyright to all works for which they had shorter protection. International copyright treaties tend to be retroactive by default; "works shall be protected for X years after the death of the author" applies to all works, whether they are in the public domain currently or not.
From the regulator's point of view this is reasonable; the point of these
treaties is harmonization of the law, and harmonizing the protection term of one group of works but leaving another group protected in some countries and unprotected in others doesn't really make sense. The alternative would be a rule of the shorter term, but the US does not have that, and they are the driving force behind TPP, so...
Hi, there's a lot of review and analyze about TPP because not only in the States we will have potential strong legal modifications. In Wikimedia Mexico we are aware since one year ago at least following the analysis of other NGOs devoted to internet freedom and copyright which can be a potential risk to Wikimedia mission.
The main issue in the next days is that the extension of the revealed text needs to have much analysis to have clear points that can be potential risks to our mission.
Thanks,
2015-11-07 1:16 GMT-06:00 Gergő Tisza gtisza@gmail.com:
On Fri, Nov 6, 2015 at 9:22 AM, Ryan Kaldari rkaldari@wikimedia.org wrote:
I don't see anything in the TPP requiring retroactive application of copyright terms. We'll have to wait and see how the various countries choose to apply the new terms. Applying terms retroactively is uncommon, but possible. We also have no idea when these countries are actually
going
to apply the new terms.
I don't think it's uncommon, the US is the odd one out on this (or almost out, since in the end it did apply Berne terms retroactively). For example the EU Copyright Directive prescribes a death + 70 copyright term so countries joining the EU restore copyright to all works for which they had shorter protection. International copyright treaties tend to be retroactive by default; "works shall be protected for X years after the death of the author" applies to all works, whether they are in the public domain currently or not.
From the regulator's point of view this is reasonable; the point of these treaties is harmonization of the law, and harmonizing the protection term of one group of works but leaving another group protected in some countries and unprotected in others doesn't really make sense. The alternative would be a rule of the shorter term, but the US does not have that, and they are the driving force behind TPP, so... _______________________________________________ Wikimedia-l mailing list, guidelines at: https://meta.wikimedia.org/wiki/Mailing_lists/Guidelines Wikimedia-l@lists.wikimedia.org Unsubscribe: https://lists.wikimedia.org/mailman/listinfo/wikimedia-l, mailto:wikimedia-l-request@lists.wikimedia.org?subject=unsubscribe
Hi folks, following this conversation, Creative Commons published this post yesterday.
https://creativecommons.org/campaigns/trans-pacific-partnership-would-harm-u...
2015-11-07 2:15 GMT-06:00 Ivan Martínez galaver@gmail.com:
Hi, there's a lot of review and analyze about TPP because not only in the States we will have potential strong legal modifications. In Wikimedia Mexico we are aware since one year ago at least following the analysis of other NGOs devoted to internet freedom and copyright which can be a potential risk to Wikimedia mission.
The main issue in the next days is that the extension of the revealed text needs to have much analysis to have clear points that can be potential risks to our mission.
Thanks,
2015-11-07 1:16 GMT-06:00 Gergő Tisza gtisza@gmail.com:
On Fri, Nov 6, 2015 at 9:22 AM, Ryan Kaldari rkaldari@wikimedia.org wrote:
I don't see anything in the TPP requiring retroactive application of copyright terms. We'll have to wait and see how the various countries choose to apply the new terms. Applying terms retroactively is uncommon, but possible. We also have no idea when these countries are actually
going
to apply the new terms.
I don't think it's uncommon, the US is the odd one out on this (or almost out, since in the end it did apply Berne terms retroactively). For example the EU Copyright Directive prescribes a death + 70 copyright term so countries joining the EU restore copyright to all works for which they had shorter protection. International copyright treaties tend to be retroactive by default; "works shall be protected for X years after the death of the author" applies to all works, whether they are in the public domain currently or not.
From the regulator's point of view this is reasonable; the point of these treaties is harmonization of the law, and harmonizing the protection term of one group of works but leaving another group protected in some countries and unprotected in others doesn't really make sense. The alternative would be a rule of the shorter term, but the US does not have that, and they are the driving force behind TPP, so... _______________________________________________ Wikimedia-l mailing list, guidelines at: https://meta.wikimedia.org/wiki/Mailing_lists/Guidelines Wikimedia-l@lists.wikimedia.org https://meta.wikimedia.org/wiki/Mailing_lists/GuidelinesWikimedia-l@lists.wikimedia.org Unsubscribe: https://lists.wikimedia.org/mailman/listinfo/wikimedia-l, mailto:wikimedia-l-request@lists.wikimedia.org?subject=unsubscribe
-- *Iván Martínez*
*Presidente - Wikimedia México A.C.User:ProtoplasmaKid @protoplasmakid*
Hemos creado la más grande colección de conocimiento compartido. Ayuda a proteger a Wikipedia, dona ahora: https://donate.wikimedia.org
FYI
On Friday 6 November 2015, Gnangarra gnangarra@gmail.com wrote:
We have a new problem to face in the coming months assuming countries ratify the Trans Pacific Partnership https://en.wikipedia.org/wiki/Trans-Pacific_Partnership
The text of the agreement has been released in the last 24 hours, early commentary is indicating that copyright changes will occur restoring copyright to some works that are currently PD. http://boingboing.net/2015/11/06/how-tpp-will-clobber-canadas.html
According reports this will affect media sourced in Canada where copyright will be extended from 50-70 years meaning that image sin this period may need to be deleted both on commons and on en:wp, Australian sourced images face a similar issue as will other countries.
Rather than a piece meal commons copyright battle, and a duplicate one on en:wp being lead by unqualified wikilawyers resulting in project discrepancies. I'm calling on the community to take more holistic approach and request that the WMF ask for its legal eagles to give an edict we can take or communities to explain what will happen in each jurisdiction as the TPP is ratified.
This will also give us guidance as to how Affiliates can approach and support activities locally to ensure material that is already freely available remains so.
-- G ideon
President Wikimedia Australia WMAU: http://www.wikimedia.org.au/wiki/User:Gnangarra _______________________________________________ Wikimedia-l mailing list, guidelines at: https://meta.wikimedia.org/wiki/Mailing_lists/Guidelines Wikimedia-l@lists.wikimedia.org Unsubscribe: https://lists.wikimedia.org/mailman/listinfo/wikimedia-l, <mailto:wikimedia-l-request@lists.wikimedia.org javascript:; ?subject=unsubscribe>
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