Public Domain Calculators/Meeting/Notes

= Notes on the Workshop =

Introductions

 * Work at Tulane
 * IViR work for Europeana Connect (6 jurisdictions)
 * http://www.publicdomainworks.net/
 * Value of the Public Domain Project

Review of existing work

 * Germany - John Hendrik Weitzmann
 * Belgium - Severine Du Sollier
 * Norway - Gisle
 * Spain - Ignasi
 * USA - Tulane (Elizabeth, Justin, et al)
 * EU - Public Domain Study (Rufus)

Why?

 * Precise determination: the flow diagram
 * But also deal with poor data (graceful degradation): annotate the diagram
 * Build tools both for individual works and for large datasets (e.g. catalogues)

Discussion

 * What are scope of the calculators? Copyright? Related rights? Database rights?
 * Procedure: (i) write notes, then (ii) flow chart
 * Commonalities first: e.g. EU Term Directive, WIPO, international treatises, ...
 * Two basic concept: work and author, neither is harmonised. Have to use national legislation to determine: (i) Is it a work? (Protected subject matter) (ii) What is the author?
 * Joint authorship, one work or two works...
 * Term has not been harmonised across EU
 * Spain and Norway charts both start with 'Is it a work?'
 * Is it protected under copyright/neighbouring right?
 * Dropdown menu? Danger of too many categories
 * Look to text of UK law.
 * Define an audience?
 * Type of work?
 * 'Does it have the status of a work?' is the essential question - other questions are 'skins' over this same question
 * Article 2 of the Berne Convention
 * http://www.wipo.int/treaties/en/ip/berne/trtdocs_wo001.html#P85_10661
 * Robustness comes with lots of test cases
 * Authorship question: is in anonymous, joint or single, etc.
 * Publication+term or death+term?
 * Are they a person or not a person? In EU question of legal or natural person is not as important?
 * Pseudonymous + anonymous
 * Residency of author? EU citizenship
 * Collective/joint authorship?
 * Sweden, Greece, and elsewhere: moral rights
 * Is there any way of determining originality outside of a court? Not really - hence assume originality.
 * Typographical arrangement?
 * Swedish law about photography - original photos have longer term
 * Type of works
 * Publication
 * Authorship

Questions to determin PD status

 * DATE OF WORK?
 * WHAT TYPE OF WORK IS IT? [LIST OF OPTIONS]
 * DATE OF BIRTH OF AUTHOR? [YYYY/MM/DD]
 * DATE OF DEATH OF AUTHOR? [YYYY/MM/DD]
 * DATE PUBLICATION OR PERFORMANCE? [YYYY/MM/DD]
 * DATE OF FIXATION?
 * IS THE AUTHOR AN EU CITIZEN OR RESIDENT? [Y/N]
 * ARE THERE MULTIPLE AUTHORS? [Y/N]
 * HAS THE WORK BEEN PUBLISHED IN VOLUMES, PARTS, EPISODES, ETC. (FROM TERM DIRECTIVE)
 * IS THE WORK ANONYMOUS/PSEUDONYMOUS?

[TO EXPERTS: WHAT PART OF LAW DO WE REFER TO FOR EACH QUESTION?]


 * ADDITIONAL QUESTIONS
 * IS IT A GOVERNMENT WORK?

Dutch Draft
(See chart)


 * Is it a work?
 * Yes - Article 10
 * No - Article 11
 * Who is author? (Article 38)
 * Person - Go to 'Is it published?'
 * Legal entity
 * If yes, then is multi-part? (Article 41)
 * Is it published? (Article 39)
 * Yes - 70 years from publication
 * No - 70 years from creation
 * Is the work communicated to the public for the first time after falling into the public domain? (Article 45-0)
 * Yes - 25 years
 * Portrait (Article 20)
 * Yes - subject gets life + 10