Re: [PGCanada] Canadian copyright for corporations
----- Original Message ----- From: Andrew Sly <sly@victoria.tc.ca> Date: Tuesday, January 18, 2005 3:18 pm Subject: [PGCanada] Canadian copyright for corporations
That makes me wonder then, that in a work published by and copyrighted by a corporation, if an author is not credited, and cannot be determined, could I look to acertain a copyright term on the basis of annonymous authorship?
On Tue, 18 Jan 2005, Wallace J.McLean wrote:
----- Original Message ----- From: Andrew Sly <sly@victoria.tc.ca> Date: Tuesday, January 18, 2005 3:18 pm Subject: [PGCanada] Canadian copyright for corporations
That makes me wonder then, that in a work published by and copyrighted by a corporation, if an author is not credited, and cannot be determined, could I look to acertain a copyright term on the basis of annonymous authorship?
Are you suggesting that anonymous works (which works with corporate ownership tend to be) have only a 50 year term? I am surprised that corporations are not then "disclosing" authorship when term is near to expire, disclosing the author who died last given that in joint authorship the "public domain public good countdown" starts when the last author dies (or is offed... I think the morbidity of public benefit from authors death should be eradicated). -- Russell McOrmond, Internet Consultant: <http://www.flora.ca/> Happy Hacking, Eh! http://www.digital-copyright.ca/blog/2 (My BLOG) Sign the Petition Users' Rights! http://digital-copyright.ca/petition/
On Tue, 18 Jan 2005, Russell McOrmond wrote:
On Tue, 18 Jan 2005, Wallace J.McLean wrote:
----- Original Message ----- From: Andrew Sly <sly@victoria.tc.ca> Date: Tuesday, January 18, 2005 3:18 pm Subject: [PGCanada] Canadian copyright for corporations
That makes me wonder then, that in a work published by and copyrighted by a corporation, if an author is not credited, and cannot be determined, could I look to acertain a copyright term on the basis of annonymous authorship?
Are you suggesting that anonymous works (which works with corporate ownership tend to be) have only a 50 year term?
Yes. Here's the relevant portion of the Copyright Act: 6.1 Except as provided in section 6.2, where the identity of the author of a work is unknown, copyright in the work shall subsist for whichever of the following terms ends earlier: (a) a term consisting of the remainder of the calendar year of the first publication of the work and a period of fifty years following the end of that calendar year, and (b) a term consisting of the remainder of the calendar year of the making of the work and a period of seventy-five years following the end of that calendar year, but where, during that term, the author's identity becomes commonly known, the term provided in section 6 applies.
I am surprised that corporations are not then "disclosing" authorship when term is near to expire, disclosing the author who died last given that in joint authorship the "public domain public good countdown" starts when the last author dies (or is offed... I think the morbidity of public benefit from authors death should be eradicated).
That's what I see as a potential challenge for PG Canada. If we do clear anything under a rule based on this provision, how do we prepare for the small chance of someone coming forward with an author's name for a previously considered anonnymous work? This is the type of situation where copyright advice from people more with more authority will more very helpful. Andrew
participants (3)
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Andrew Sly -
Russell McOrmond -
Wallace J.McLean