Comment 33 for bug 183052

I've updated the flowchart and attached here the image and the Dia file.

I believe the situation at law is that where a work is coauthored by a
government department and a non-government author, "copyright in the
work shall, subject to any agreement with the author, belong to Her
Majesty" (s. 12 of the Act). The flowchart does not reflect this because
we won't know about those agreements. Instead, it assumes an agreement
is in place so that copyright term will depend on the author, not the
Crown. That's the more conservative way to do this.

Also, Savitha said in the analysis provided said:
> “Any Co-Authors?”
> If “Yes” then go to “Pseudonomysly or Anonymously Published?” (and continue as if not a Crown Copyright publication)
>
> If “No” then
> “Published?” (and it will continue as Crown Copyright is currently set up in the flow chart)
> If “No” then go to “Pseudonymously or Anonymously Published”

I don't think this is quite right. As far as I know, if there are only
Crown authors and the work is unpublished, then it never enters the
public domain in Canada. The attached flowchart reflects this with the
end point "Not in PD".

Any comments on this?

Cheers,
Andy

--
Andy Kaplan-Myrth, M.A., LL.B.
Barrister & Solicitor
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