From: "Mahesh T. Pai" <[EMAIL PROTECTED]>
To: debian-legal@lists.debian.org
Subject: Re: license for Federal Information Processing Standards
Date: Thu, 26 Feb 2004 11:33:50 +0530
Arnoud Engelfriet said on Wed, Feb 25, 2004 at 07:59:49PM +0100,:
> Because the Berne Convention appears to state so.
Thanks.
<sniP
> Article 5(2) of the Berne Convention specifically states
> "The enjoyment and the exercise of these rights ...
> shall be independent of the existence of protection in the
> country of origin of the work."
>
> And under article 5(1) an author, even the US Government,
> can claim foreign copyrights for works that qualify as
> "literary or artistic" under the Berne Convention.
Thanks for the info.
But do all countries implement this part of the Berne Convention?
All Berne member countries should implement this unless they have taken a
reservation. I am not aware of any Berne country that has taken a
reservation on this Article and of course, some countries may not fully
implement their Berne obligations
At least in India, recognition to works copyrighted in foreign
countries is based on executive order -- not statute; and the
`International Copyright Order' is, at best ambiguous on it.
The relevant provision (closest to what we are discussing) says:-
`7. The Term of copyright in a work shall not exceed that which
is enjoyed by it in its country of origin.'
This means, here, that the US Govt cannot claim copyright in its work.
I suppose the Indian government would say that copyright could be claimed by
the U.S. Govt except that in this particular circumstance at this time the
copyright the U.S. Govt would have has a nil term.
I believe the law (or whatever is enforcible in courts) in most (non
US) countries would be the same.
I don't think that is true. Sure other countries employ the same term
limiting provision as India does but I think you would find it to be the
minority view. You may want to check out Geller, International Copyright Law
and Practice.
This is not legal advice, etc.
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