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Updated: 20/03/2005; 2:19:36 PM.

 

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July 2, 2003

In Canada, copyrights extend 50 years after the de .... In Canada, copyrights extend 50 years after the death of the author, but in France they extend 70 years. What is the status of works more than 50, but less than 70, years after an author's death? What if a Canadian web archivist thinks they are in the public domain and their French publisher thinks they are not? We're about to find out. Jean-Michel Tremblay is the Canadian maintainer of Classiques des Sciences Sociales, an open-access archive of public domain books. The French publisher is Presses Universitaires de France. PUF wants Tremblay to remove from his archive all PUF-published works that are still under French copyright, even if they are not under Canadian copyright. Tremblay refuses. PUF faces a dilemma: if it seeks a remedy in a Canadian court, it will lose. If it seeks a remedy in a French court, it will win but the remedy will not apply in Canada. Perhaps that is why PUF is bypassing courts and taking its grievance to the Syndicat National de l'Edition, a trade organization of French publishers --although it's far from clear how the Syndicat can help PUF where courts cannot. For details, see Karen Bastien's story in the June 21 Libération (in French).

(PS: I thank Milad Doueihi for sending me this story. Milad draws attention to the jurisdictional tangles here that create conflicts about internet governance and copyright extension. I'd add that Tremblay is in a very strong legal position. Moreover, his position will be identical to many other web archivists in nations with short copyright terms. Perhaps this is one reason why the US and EU think copyright harmonization is so important. Tremblay's strong legal position also shows that nations willing to roll back the term of copyright might offend other nations but will give their own citizens and publishers a legal gift --not to mention an invigorated public domain and spur to scholarship and creativity.) [FOS News]


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