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[Draft 1] - Repeal GA656, "Protecting Public Domain Etc"

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Simone Republic
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[Draft 1] - Repeal GA656, "Protecting Public Domain Etc"

Postby Simone Republic » Sun Dec 29, 2024 12:05 am

Target: GA656, viewtopic.php?p=40632681#p40632681

This came about from a check for conflicts for "Convention for Expropriation"
viewtopic.php?f=9&t=542632

Replacement to potentially to come, if deemed appropriate. I'd rather not personally write it because I am rusty on trademark and copyright law and not touched it for at least a decade.

Draft 1

The World Assembly (WA),

Acknowledging the noble intentions of the target resolution, GA 656 "Protecting Public Domain Dedications", to allow copyright owners to waive their copyright in their original jurisdiction (defined in the target resolution as "in the member state it was created in");

Frustrated, however, that the resolution ignores the fact that some copyrighted materials may have different owners in their original jurisdictions as opposed to other foreign member jurisdictions (defined in the target resolution as "all members other than the member it was created in"), such as when an author (or that author's employer) sells off or licenses overseas copyright to certain works in commercial transactions;

Distressed that articles (b) and (c) of the resolution forces foreign copyright owner(s), even if they are not the same individuals or entities as the original jurisdiction's copyright owner(s), to waive their copyrights, even if they paid valuable consideration for such rights, and without the resolution itself specifying for any due process to evaluate any losses, compensation, or other settlements to reflect such loss of copyright induced by the original jurisdiction's copyright owners;

Believing that a replacement to incentivise authors to protect the interest of both domestic and foreign copyright owners is desirable, and looking forward to the said replacement;

Hereby repeals GA 656 "Protecting Public Domain Dedications".
Last edited by Simone Republic on Thu Jan 23, 2025 3:01 am, edited 2 times in total.
(It).

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Simone Republic
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Postby Simone Republic » Thu Jan 23, 2025 2:40 am

Bump.
(It).

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First Nightmare
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Postby First Nightmare » Thu Jan 23, 2025 8:53 am

People with copyright licenses are not the copyright holder. Those who want to buy licenses need to take the public domain option into account when buying licenses. Risk management. Not a problem.

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Tinhampton
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Postby Tinhampton » Thu Jan 23, 2025 10:42 am

GA#656 is about the process of transitioning copyrighted works to non-copyrighted (i.e. public domain) works in member states. I am especially clear in Article e(i) that "this resolution merely sets out legal procedures for members" regarding said process. Indeed, I trust that each member state will have its own process for compensation in such cases - given the diversity of legal, economic and copyright systems in member states, a WA-wide approach would be unwise in this case.
The Self-Administrative City of TINHAMPTON (pop. 329,537): Saffron Howard, Mayor (UCP); Lydia Anderson, WA Delegate-Ambassador

Authorships & co-authorships: SC#250, SC#251, Issue #1115, SC#267, GA#484, GA#491, GA#533, GA#540, GA#549, SC#356, GA#559, GA#562, GA#567, GA#578, SC#374, GA#582, SC#375, GA#589, GA#590, SC#382, SC#385, GA#597, GA#607, SC#415, GA#647, GA#656, GA#664, GA#671, GA#674, GA#675, GA#677, GA#680, Issue #1580, GA#682, GA#683, GA#684, GA#692, GA#693, GA#715, GA#757, GA#763
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