For Approval: NASA Open Source Agreement Version 1.1

Arnoud Engelfriet galactus at
Fri Feb 13 20:03:31 UTC 2004

jcowan at wrote:
> But all those works were once in Australian copyright.  The question is,
> can a work which is born into the public domain in its country of origin
> be in copyright anywhere at any time?

As far as I understand the Berne Convention, the answer is yes.
Article 5(3) of the BC says: "The enjoyment and the exercise of 
these rights ... shall be independent of the existence of protection 
in the country of origin of the work."
Article 7(1) puts the duration of protection at life+50, but
article 5(1) states that an author enjoys longer protection in
countries that have a longer term.


Arnoud Engelfriet, Dutch patent attorney - Speaking only for myself
Patents, copyright and IPR explained for techies:
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