[LINK] Another copyright question (was Re: copyright question)

[Philip Argy]

The Berne Convention covers most of the places you'd be interested in, and
it provides for what is called national treatment.  In lay terms that means
that a copyright work created in one convention country is accorded the same
treatment in each other convention country as it would have been accorded if
it had been created in that other country by a citizen of that country.  So,
a British work would be treated as if it had been created in Australia by an
Australian citizen.  If that copyright would have expired then you can
reproduce the work in Australia.  The duration of copyright varies but in
most countries it is life of the author plus 50 years with some countries
having increased that to 70 years in what has become known as the Mickey
Mouse amendment (owing to the US Government having persuaded other countries
to extend the copyright protection period for the famous Walt Disney
character). 

Philip

-----Original Message-----
From: link-bounces at mailman.anu.edu.au
[mailto:link-bounces at mailman.anu.edu.au] On Behalf Of rene
Sent: Monday, April 04, 2011 1:41 PM
To: link at mailman.anu.edu.au
Subject: Re: [LINK] Another copyright question (was Re: copyright question

On Mon, 4 Apr 2011 13:30:15 +1000, Kim Holburn wrote:
[...]
> Even if copyright had run out in Australia would it have in Britain?
> And vice versa ie: even if copyright had run out in the UK would it
> have in Australia?  Could I use it in a work which was published on
> the internet, essentially globally if copyright
> to the work still applied in some country?

Re the above, the PDF file says:
" Can I use a work that is still in copyright overseas, if copyright has 
expired here [in AU]? 
If you are using material in Australia, then Australian copyright law 
applies. For example, if copyright in a photo has expired in Australia 
because it was taken, say, in 1926 or 1953, then you may 
reproduce it in a book in Australia. If, however, you wanted to print or 
distribute the book overseas, you would need to check that copyright in the 
photograph has expired in each country where the book is to be printed or 
distributed. The same rules apply to material in electronic form and on the 
internet in Australia. 
The law of the relevant country will determine the rules that apply to the 
use of material outside Australia. We are unable to advise on the rules 
that apply overseas. "

IOW, extremely risky to publish on the Internet, even if copyright has 
expired in Australia, regardless of which country the work was first 
published in, and regardless of what type of work it is.

Irene

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