International treatment of the public domain
jcowan at reutershealth.com
jcowan at reutershealth.com
Tue Feb 17 22:33:18 UTC 2004
Russell McOrmond scripsit:
> > > If NASA has the ability to apply a license in a foreign country to a
> > > works that is in the public domain in the USA, then does not any other US
> > > citizen have the ability to apply a license as well? If these other US
> > > citizens do not, then does NASA?
> >
> > Why, because NASA, through its employees who actually write the works, is
> > the author.
>
> Like other forms of "work for hire", the employer (The United States
> Government) would be the copyright holder if there was copyright. In this
> case the employer has released the works into the public domain via
> legislation.
Just so. NASA is the author, but the works are born in the public domain
in the U.S. (but apparently not elsewhere).
> I believe that
> first-copyright should only exist for natural persons, and that any
> transfer of copyright to an employer (natural person or corporation), if
> it happens at all, should be negotiated as part of an employment agreement
> or other legal document.
Effectively it's just an implicit term in such an agreement. It is already
possible to contract out of it by explicit language.
> > Just as much as the notion that _Steamboat Willie_ has a copyright holder
> > in the U.S. but not in Canada.
>
> You will need to provide a reference here.
I was referring to the notorious 1928 film starring Mickey Mouse. This work
seems to be P.D. in Canada under the 50-year provision for cinematographic
works, but is very much in copyright in the U.S.
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