[Foundation-l] PD in Israel

[Ray Saintonge]

Bryan Tong Minh wrote:

>Related to this, there is a discussion on Commons:
>http://commons.wikimedia.org/wiki/Commons_talk:Licensing#Images_PD_outside_of_the_U.S._but_not_PD_in_the_U.S._.28URAA_restoration.29
>
>Maybe somebody from the Foundation is willing to comment there?
>
>Bryan
>
>On 5/6/07, Yoni Weiden <yonidebest at gmail.com> wrote:
>  
>
>>Is there any possibility that the foundation represents it's insight on the
>>PD-Israel issue? I want to be 100% sure that there are images that are PD in
>>Israel but not PD in the US before I delete such images from the Hebrew
>>Wikipedia.
>>
Another thing that one might consider in this is the ruling at 
http://en.wikisource.org/wiki/Itar-Tass_Russian_News_Agency_v._Russian_Kurier%2C_Inc._-_153_F.3d_82_%282d_Cir._1998%29

This did rule that ownership of a copyright was ruled by the law of the 
country of origin.  Ownership of a copyright also has duration of 
copyright as one of its elements.  Thus it can be argued that the other 
country's duration should apply.  It is not the Berne Convention the is 
affecting the duration of copyright, since that would generate a life + 
50 years situation rather than the longer period that exists in many 
other countries.

Another interesting argument that can be made for restored works is that 
they would be granted the protection available to US works on the basis 
of the law at the time they were published.  A US work published in 1924 
had to have its copyright renewed in 1952.  The same should apply to 
restored foreign works.

Ec