RE: Comments on digital-copyright Digest 25 Jun 2003 15:00:00 -0000 Issue 207

[Edward Barrow <edward@xxxxxxxxxxxxx>]

On Wednesday, June 25, 2003 5:16 PM, Paul Uhlir [SMTP:PUhlir@xxxxxxx] 
wrote:
> Re: [lists] Public Domain in Other Countries
>      478 by: Edward Barrow
>
> Edward Barrow is not fully correct about information being
> in the public domain only upon expiration of the term of copyright.
> In the U.S., the federal government does not allow copyright
> protection (or any other IP protection) of any works produced
> by it, pursuant to an exemption in 17 U.S.C. sec. 105 of the
> Copyright Act of 1976. Other governments exempt certain
> information from protection by statute (e.g., judicial decisions,
> the text of legislation, etc.). Generally speaking, the countries
> in the E.U. are much more protective of public-sector information
> than the U.S.
>

Paul Uhlir is quite right to point out that US Federal government  works 
are in the public domain under US copyright law.
Internationally, the position with goverment sector works is complex and I 
hope that the proposals in Dr Uhlir's paper will go some way to resolving 
the complexities.
For example, under UK law, UK government sector works are subject to Crown 
Copyright. But what is the position of UK government works in the USA, and 
vice-versa? (or, to keep Rosalind Tedford's posting in mind, Netherlands 
government works?).
My understanding of the principle of national treatment is that the US 
government could, if it chose to do so,  assert copyright in its works in 
the UK.

Edward Barrow
New Media Copyright Consultant
http://www.copyweb.co.uk/
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