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Re: [politics] Re: [d@DCC] Senate Bill S-9

From: "Wallace J.McLean" <ag737 _-at-_ freenet.carleton.ca>
To: General Copyright Discussions <discuss (at) list.digital-copyright.ca>
Date: Tue, 02 Nov 2004 09:37:38 -0500


----- Original Message -----
From: Russell McOrmond <russell@flora.ca>
Date: Tuesday, November 2, 2004 9:19 am
Subject: Re: [politics] Re: [d@DCC] Senate Bill S-9

> 
> On Mon, 1 Nov 2004, Ian! D. Allen wrote:
> 
> > It's a muddy mess who should get first "copyright", if you ask me.
> 
>  I think we have fallen prey to the trap of confusing copyright with
> access.

We haven't done any such thing.

>  What the commissioner really needs is not to receive copyright, 
> but to receive a more balanced bargain where the term expires long 
before the
> excessive life+ that the copyright holder currently enjoys.

Not gonna happen: Berne.

What the commissioner therefore needs is default first ownership; what 
the commissioner, subject or both need, is a positive right to use, 
even if the work is still under copyright; what everyone needs is the 
positive right to assume, where it is reasonable to do so even though 
the facts are lacking, that a photograph is, through efflux of time, in 
the public domain.



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