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(a)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
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