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Copyright Law and the internet

Copyright Law and the internet

Posted Nov 1, 2024 0:09 UTC (Fri) by Wol (subscriber, #4433)
In reply to: Copyright Law and the internet by jjs
Parent article: Open Source Initiative announces Open Source AI Definition 1.0

> Copyright protection under this title is not available for any work of the United States Government, but the United States Government is not precluded from receiving and holding copyrights transferred to it by assignment, bequest, or otherwise."

So USG works are not protected by *US*LAW*, but there's nothing stopping them from suing me in an "England and Wales" court under English law ...

Unlikely, sure, but they could ... (note that the whole point of Berne is that I can sue you, in a (presumably) US court, *as if* I were a (presumably) US Citizen). (Note also, that was a direct result of American law explicitly discriminating against foreign works and authors.)

Cheers,
Wol


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Copyright Law and the internet

Posted Nov 1, 2024 0:17 UTC (Fri) by pizza (subscriber, #46) [Link] (1 responses)

> So USG works are not protected by *US*LAW*, but there's nothing stopping them from suing me in an "England and Wales" court under English law ...

Only if they independently hold copyrights on those works in the UK.

(Again, "no copyright" means "no standing to sue")

Copyright Law and the internet

Posted Nov 3, 2024 22:14 UTC (Sun) by Wol (subscriber, #4433) [Link]

> Only if they independently hold copyrights on those works in the UK.

Which I presume they do. In the UK copyright is automatic, and I'm not aware of any mechanism to automatically place works into the public domain. In the UK, it's UK laws that apply, not US.

Just because US law says those works are explicitly UNprotected by US law, doesn't deny those works automatic protection under UK law. Berne says (afaik) absolutely nothing about the special status of those works in the US - it merely says local laws may not discriminate against foreigners - they MUST be treated like locals. In fact, I think Berne could be read as we can not UNprotect US works without unprotecting our own government works!

Cheers,
Wol


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