Re: Canadian copyright

From: Bernard Katz <bkatz[_at_]uoguelph.ca>
Date: Wed, 17 Jun 1998 19:59:57 -0400 (EDT)

I agree with everything said by David Basskin, but there's still more to this matter than he's outlined. I refer to those works *already* in pd in the U.S.A. having passed the 75 years from date of creation extended term. There are works by Canadians in this group, which are still protected in Canada under our L+50 term. Extension in the U.S. to L+70 will not be applied to them, as I understand the extension bills that are in Congress, but I stand to be corrected by U.S. colleagues on the list.

If I am correct, the U.S. will be able to claim that there is indeed reciprocity for all Canadian works save those created prior to the change in how term was provided for in the U.S., which came into force on Jan. 1/78, I believe. Some of those works are already in pd because all the prior extensions (to a max of 75 years) have run out. It seems to me not very likely that the latter group will be resuscitated by the current U.S. extension bills - or that any works still protected under the 75 year max will benefit from a U.S. extension, if the 75 years is at least equal to what the protection would be under L+70.

Further, and as you noted quite effectively, Canada undoubtedly will be pressured (and imo likely will give in to same) to cover with a Canadian extension all works by U.S. nationals that currently are protected under L+50, should Canada move to extend - even though there are some works in this group (such as Irving Berlin's) which are no longer under protection in the U.S. and will NOT be protected under a U.S. extension to L+70.

The result of all this, again if I am correct, will be that Canada will protect for a *further* 20 years some works by U.S. nationals that are no longer protected in the U.S. while some works by Canadian nationals will not receive any further benefit from a L+70 extension in the U.S.

Cheers,

Bernard Katz, Head, Special Collections and Library Development
McLaughlin Library, University of Guelph Library, Guelph, Ontario
         and Chair, Ontario Library Association Copyright Task Force

bkatz[_at_]uoguelph.ca // (519) 824-4120 X2089 // FAX: (519) 824-6931 Received on Thu Jun 18 1998 - 00:00:02 GMT