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

[Padraic]

To clarify on the corporate copyright thing: I should have said works made
after Jan 1 1946 -- since they would not have been PD in Canada on Jan 1
1996, when the URAA took effect in the US and ensured the copyright of
foreign works for 95 years.

I can't speak to Crown copyright, but it's 50 years, so I assume the same
logic would apply.

2008/5/26 Wily D <wilydoppelganger at gmail.com>:

> On Sun, May 25, 2008 at 8:51 PM, Ray Saintonge <saintonge at telus.net>
> wrote:
> > 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.
>
> Err, presumeably the Queen of Canada could try to sue Wikimedia or the
> uploaders in an American court.  These images are clearly PD in Canada
> (and some, at least, are explicitly acknowledged as such) but may not
> be PD in the States.
>
> >> Secondly are you sure the US wouldn't consider crown copyright expired
> >> the equivalent of released into the public domain?
>
> Err, this is very ambigious, but it's also not clear whether the
> images in question, when produced by Crown Corporations, would fall
> under Crown Copyright, or whether they're PD through a clause in
> Canadian Copyright law that puts photographs into the public domain 50
> years after they're taken if their first own is a corporation.
>
> > 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
> >
> > _______________________________________________
>
> WilyD
>
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