Comment 34 for bug 183052

Yes, lets talk about on the call.

Jon

On Tue, 2008-12-16 at 18:19 +0000, kaplanmyrth wrote:
> 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 Crown authors and the work is unpublished, then it never enters the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
> ------------------------------------------------
> email: <email address hidden>
> web: http://kaplan-myrth.ca
> blog: http://blog.kaplan-myrth.ca
> ------------------------------------------------
>
>
> ** Attachment added: "Public Domain.5.png"
> http://launchpadlibrarian.net/20472598/Public%20Domain.5.png
>
> ** Attachment added: "Public Domain.5.dia"
> http://launchpadlibrarian.net/20472599/Public%20Domain.5.dia
>
--
Jon Phillips
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