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From Ted Dunning <ted.dunn...@gmail.com>
Subject Re: ICLA US Government
Date Thu, 06 Mar 2014 21:16:05 GMT
Richard,

You are very correct.

I think that there is a subtle point here.  US government works don't
appear to actually be public domain but instead are simply not subject to
copyright in the US.

>From http://www.usa.gov/copyright.shtml

A United States government work is prepared by an officer or employee of
> the United States government as part of that person's official duties.
> It is not subject to copyright in the United States and there are no
> copyright restrictions on reproduction, derivative works, distribution,
> performance, or display of the work.
> ...



Copyright laws differ internationally. While a U.S. government work is not
> protectable under U.S. copyright laws, the work may be protected under the
> copyright laws of other jurisdictions when used in these jurisdictions. The
> U.S. government may assert copyright outside of the United States for U.S.
> government works.


This implies that the original complaint by the lawyer that US government
works have no copyrights to assign is incorrect.




On Thu, Mar 6, 2014 at 12:46 PM, Richard Fontana <rfontana@redhat.com>wrote:

> But the point is that US government works for which copyright is excluded
> domestically may not have the same exclusion as to copies of those same
> works published in other countries.
>
>
> ------------------------------
>
> True, but public domain is a concept in all modern copyright systems.
>
> Moral right treatments differ, but I don't think that the Apache ICLA
> addresses that anyway.
>
> On Thu, Mar 6, 2014 at 5:55 AM, Jim Jagielski <jim@jagunet.com> wrote:
>
>> We also need to recall that US Copyright Law is not the
>> sole one in existence ;)
>>
>> On Mar 6, 2014, at 2:36 AM, Ted Dunning <ted.dunning@gmail.com> wrote:
>>
>> >
>> > You may not be the copyright owner, but you can grant a license to
>> public domain works.
>> >
>> > As can I or anyone else.
>> >
>> > The fact that the the licensee doesn't need the license is irrelevant.
>> >
>> >
>>
>
>
>
>

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