[d@DCC] Re: [Fwd: [archivists] Public Comments for Orphan Works]

From: Chris Frey <cdfrey _-at-_ netdirect.ca>
To: General Copyright Discussions <discuss (at) list.digital-copyright.ca>
Cc: Beatrice Murch <beatrice -_at_- archive.org>
Date: Sat, 19 Mar 2005 17:53:06 -0500
References: <42273803.5000107@telecomottawa.net> <Pine.LNX.4.61.0503031217120.19142@calcutta.flora.ca>

I'm normally a lurker on this list, but feel the need to comment on this...

On Thu, Mar 03, 2005 at 12:27:53PM -0500, Russell McOrmond wrote:
> 
>   I believe we will need to revisit aspects of Berne, specifically the 
> removal of a registration requirement.  While I understand the intent, I 
> believe there is a compromise that should be pursued which is to give 
> copyright holders a 5 or 10 year window to register.  They would have the 
> full rights of copyright within those 5 years, but the work would return 
> to the public domain if it is not registered by the end of those 5 years.
> 
>   This way we can know that a work that was published 10 years ago but not 
> registered is in the public domain.

I believe this is too much cost for too little gain.  I also think it is
unwise to force bureaucracy on creators in order to get the same protection
that someone more fond of paperwork can receive.

This would mean I would need to register every piece of GPL software I write
in order to keep the GPL license in effect.  And what do I do when I
contribute to an internationally copyrighted, GPL'd software effort?
This could become an onerous burden.

>   I also believe we need to have the term fixed to the date of publication 
> and not the date of the death of the author.  Much of the over-complexity 
> of doing searches to determine if a work is in the public domain is based 
> on the uncertainty created by this requirement.  A work that was published 
> 50+ years ago should be able to be trusted that it is currently in the 
> public domain, regardless of who the author was.

This I agree with wholeheartedly, for people.  For corporations that hold
copyrights, those copyrights should expire before the normal time period
in the case that corporation goes out of business.

I.e. If a corporation has a copyright on a work for 20 years from time X,
and it goes out of business in X+5 years, the work becomes public domain
immediately.

- Chris

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