[LINK] Ars: 'Musopen raises $40, 000 to set classical music "free"'
Roger.Clarke at xamax.com.au
Wed Sep 15 09:20:57 EST 2010
Kim, I'll grant you that my comments don't apply to a country that
still requires registration. I don't think that includes any of the
major countries, but if it's still 20, it's quite a few.
But as I read the Wikipedia entry, it supports the point I'm making:
>> ... under the Berne
>> Convention in international copyright law, works are protected even
>> if no copyright statement is attached to them. ...
>> It is possible to **denounce** all claims to copyright in
>> a work including moral rights in a written disclaimer.
It's possible that the word intended was 'renounce' (= repudiate), in
which case I agree that the Wikipedia entry would be saying the
opposite of what I said.
But the word 'denounce' is used, and is reasonable in that context.
It means something quite different (= criticise / accuse / condemn).
It doesn't mean that the courts will recognise the rights as having
been voluntarily expired and the work being 'in the public domain'.
Last time I enquired about this, it appeared that there was no way to
reliably place anything 'in the public domain' in Australia, and I
understood that the problem afflicted many other jurisdictions as
My memory was that Richard Stallman argued that copyleft has to
utilise copyright law against itself, in part because there was no
effective way in which copyright in code could be firmly and
unequivocally placed in the public domain.
There are several copyright law and policy people around. Perhaps
someone can elucidate for us - and perhaps come up with some
authorities even better than Wikipedia (:-)}
Roger Clarke http://www.rogerclarke.com/
Xamax Consultancy Pty Ltd 78 Sidaway St, Chapman ACT 2611 AUSTRALIA
Tel: +61 2 6288 1472, and 6288 6916
mailto:Roger.Clarke at xamax.com.au http://www.xamax.com.au/
Visiting Professor in the Cyberspace Law & Policy Centre Uni of NSW
Visiting Professor in Computer Science Australian National University
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