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View Full Version : European copyright law used to threaten Canadian public domain site



LiberalInPortland
10-23-2007, 11:26 AM
Here's one to put the fear of 'worst law wins' in you:


European copyright law used to threaten Canadian public domain site ([Only registered and activated users can see links])

An Austrian music publisher has sent a pair of cease-and-desist letters to a Canadian college student running a database of public domain scores. The problem? Though the scores are in the public domain in Canada, not all are yet in the public domain in Europe. By putting the scores on the web, Universal Edition AG argues that copyright law in both Canada and Europe is being violated.
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On the face of it, this is a strange argument to make (but we've seen stranger). It seems to imply that any web-based project needs to follow the most restrictive laws that might govern it anywhere in the world. Michael Geist, a Canadian law professor, puts it this way.

"As for a European infringement," he writes, "if UE is correct, then the public domain becomes an offline concept, since posting works online would immediately result in the longest single copyright term applying on a global basis. That can't possibly be right."

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