11-06-2015, 02:13 AM | #61 | ||
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Last edited by HarryT; 11-06-2015 at 03:17 AM. |
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11-06-2015, 07:03 AM | #62 |
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I won't have time to read and analyse this until this weekend.
But I will do so. In a week or two I will post another sticky of this treaty... |
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11-06-2015, 08:09 PM | #63 | |||
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http://boingboing.net/2015/10/06/nz-...on-tpp-co.html http://www.cnet.com/news/spotlight-o...c-partnership/ Can you, or another poster, explain this from Article 18.83 Paragraph 4: Quote:
On the theory that they don't put in meaningless paragraphs, what alternate construction is possible? This next part of 18.83 also confuses me because it seemingly gives to New Zealand, alone, the same right given, in 18.10, to all six countries that are having their copyright term increased: Quote:
Last edited by SteveEisenberg; 11-06-2015 at 08:18 PM. |
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11-07-2015, 12:52 AM | #64 | ||
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The way I read it: Most countries will go to life+70 immediately, so for example Canada which is currently life+50 there will have a 20-year gap where nothing falls into the public domain. But New Zealand has a transition period of 8 years where it will be life+60, so instead of a 20-year gap there will be a 10 year gap, followed by 8 years where some life+60 stuff will fall into the public domain, then a 2-year gap before life+70 stuff starts to fall into the public domain. Quote:
Last edited by GeoffR; 11-07-2015 at 01:04 AM. Reason: during the transition period --> under the transitional life+60 rule |
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11-07-2015, 02:24 AM | #65 |
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That's my interpretation too, Geoff. Nothing gets removed from the public domain.
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11-07-2015, 06:01 PM | #66 |
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Assuming ratification completion in 2016, is this consistent with your reading for most individually authored titles:
New Zealand public domain day occurs, as previously planned, on January 1, 2016. From 2017 through 2026, New Zealand gets no significant public domain day. This is mostly because of the TPP, but not having much in the way of a rule of the shorter term is another factor. The next New Zealand public domain day, after that gap, is January 1, 2027, then occurring annually up to, and including, 2034. Then there is a second gap, with no public domain day in 2035 or 2036. Significant public domain days resume on January 1, 2037 and henceforth follow Life + 70 rules. Contrast this with Vietnam, which is granted a simple five year delay in Article 18.83 Paragraph 4(f). There, public domain day will occur, as previously planned, up to and including January 1, 2021. Then, Vietnamese, as I read it, have no public domain day (except maybe for rule of the shorter term situations) until January 1, 2037. Why should any mobile reader, even in New Zealand or Vietnam, care? New Zealand's population is probably too low to support the substantial volunteer proofreading community needed to ramp up a local Project Gutenberg in 2027. As for purchased eBooks, I'd think that, in New Zealand and Vietnam, they are mostly purchased from outside vendors – think www.amazon.com.au – who are unlikely to lower a price just because the eBook is public domain in a secondary market. So, from a practical standpoint, TPP copyright leniencies granted to New Zealand, Vietnam, and Malaysia may not much matter for eBooks. Nonetheless, I have three reasons to be interested. One is to improve the truthfulness of statements I make in posts here. A second is to understand whether there really are TPP book copyright absurdities worth exposing. The third is to gain skill in parsing opaque language we may see in likely upcoming attempts to limit public domain days scheduled, for the US, starting January 1, 2019. |
11-07-2015, 08:25 PM | #67 |
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It's being reported by some people who have studied the agreement that the Intellectual properties rules which include copyright, are subject to arbitration rather than the local court system. I find that troubling.
https://www.techdirt.com/articles/20...ally-bad.shtml |
11-07-2015, 11:40 PM | #68 | ||
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Edit: Perhaps a simpler way to think of it is: those works that fall into public domain in the first 8 years under the life+70 rule in Canada, will fall into the New Zealand public domain 10 years earlier. Quote:
Last edited by GeoffR; 11-08-2015 at 12:14 AM. Reason: Perhaps a simpler way to think of it |
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11-08-2015, 08:04 PM | #69 | |||
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My root mistake may have been failing to see that if you go from Life + 50 to Life + 70, there have to be twenty years where there is no public domain day for books subject to Life + copyright. Delaying some of those twenty public-domainless years, as the agreement does (in 3 different patterns!) for New Zealand, Malaysia, and Vietnam doesn't mean that those countries got a better or worse deal than than the three currently Life + 50 countries (Canada, Japan, and Brunei) whose readers will face all twenty bad years immediately on ratification. (EDITED: Rereading, I think that the first sentence of the paragraph immediately above is true. But does the claim in the next sentence follow from the first?) It would be interesting to know why the various countries wound up with the individualized terms they did. Quote:
Quote:
Here is pro and con that has a better feel to me: http://www.csmonitor.com/World/Passc...ore-you-decide http://www.commondreams.org/views/20...imple-yes-vote Last edited by SteveEisenberg; 11-08-2015 at 09:22 PM. |
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11-08-2015, 10:30 PM | #70 | |
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11-09-2015, 06:57 AM | #71 |
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What I find particularly disturbing is the open-endedness of the copyright portion. Everything is marked with "not less than" rather than "equal to".
I suspect that over the years, no more public domain days will be seen for any (or at most, few) of the signatories. Quietly, governments will be bri---err, lobbied into extending the copyright length. |
11-09-2015, 07:04 AM | #72 |
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That's equally true of the Berne convention, which specifically states that signatories are free to use however long a copyright term they wish, provided it's not shorter than life+50 years, but, despite that, in the overwhelming majority of countries which are signatories to the Berne Convention, new material enters the public domain every year.
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11-09-2015, 07:21 AM | #73 | |
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11-09-2015, 07:24 AM | #74 | |
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11-09-2015, 07:30 AM | #75 |
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