Re: Fwd: Re: RFS: wmaker
"Bernhard R. Link" <brl@mail.brlink.eu> writes:
> * Hendrik Weimer <hendrik@enyo.de> [111115 15:50]:
>> US government works are only in the public domain when distributed
>> within the US. In all other countries that have signed the Berne
>> Convention you still need a license, which should also apply to many
>> Debian mirrors.
>
> It's a bit more complicated. As far as I do understand it, copyright
> treaties mean you have to protect other countries' copyrights in your
> own. But it does not say if you have to apply your rules or their rules
> for what is protected.
As I stated in my blog post, I have discussed this with a paralegal
working in international copyright law. Due to the principle of national
treatment, there is little doubt that you have to apply the rules of
your own country to determine what is eligible for protection.
> So similarily to some piece of work where the author is dead long
> enough for the work to no longer have a copy-monopoly on it in the
> author's home country there are juristdictions where that work is not
> protected (because it no longer is protected "at home") and there are
> jurisdictions where it is still protected (because it needs more years
> there).
All countries signatory to Berne grant monopoly rights at least until 50
years after death, so this point is somewhat academic.
Hendrik
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