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List:       wikipedia-l
Subject:    Re: [Wikipedia-l] Re: no crown copyright outside of uk
From:       Andrew Venier <avenier () venier ! net>
Date:       2005-05-25 0:36:46
Message-ID: 4293C89E.2080803 () venier ! net
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Jean-Baptiste Soufron wrote:

>
>> However, the U.S. was not a signatory of the Berne Convention until  
>> 1989, and the terms of the convention, appear to state that it is  
>> not to be applied retroactively.
>
>
> Unfortunately, that is irrevelant since the Bern Convention is mainly  
> a conflict-law convention written in order to know what law to apply  
> to new cases where there is an international element.
>
> Typically when an English author wants to be protected in the US.
>
> It does not apply to a given work as copyright law does. It regulates  
> conflict between copyright laws of different countries and it applies  
> to cases, not to works.
>
I can't understand how you have concluded this.  The Berne Convention 
does so much more than simply settle questions of jurisdiction.

Take a look at Article 18(1):

"(1) This Convention shall apply to all works which, at the moment of 
its coming into force, have not yet fallen into the public domain in the 
country of origin through the expiry of the term of protection."

How do you suppose that it has no bearing on particular works?
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