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

From: Shawn Abel <rumplefurskin _-at-_ yahoo.ca>
To: General Copyright Discussions <discuss (at) list.digital-copyright.ca>
Date: Sat, 19 Mar 2005 15:28:50 -0800 (PST)

In regards to corporations going bankrupt or being
wound up, the assets are almost inevitably acquired by
another corporation, so it's not as if the works are
ever free of ownership. For that reason alone, I don't
think the proposal of making copyrighted works public
domain when the authoring corporation (I presume you
meant the authoring or contracting corporation) dies
would fly very far. This would also raise some serious
problems viz. the alienation of rights under the
copyright regime. If a corporation assigns it's
copyright to a 3rd party... what then?

Cheers,
-- Shawn Abel


--- Chris Frey <cdfrey@netdirect.ca> wrote:
> >   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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