[Foundation-l] PD in Canada, but not the US

[Ray Saintonge]

geni wrote:
> 2008/5/25 Padraic <user.padraic at gmail.com>:
>   
>> 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