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Is a photo that is in the public domain in US also in the public domain in other countries?
Planned maintenance scheduled April 23, 2019 at 00:00UTC (8:00pm US/Eastern)
Announcing the arrival of Valued Associate #679: Cesar Manara
Unicorn Meta Zoo #1: Why another podcast?Does being Public Domain absolve the author/creator of liability?Is citing public domain materials as such a legal requirement in the U.S.?Are variations of the I(heart)NY logo public domain?Book published in the UK, public domain in home country, still under US copyright?Are “slavish copies” of public domain work in the public domain?Are photographs of portraits of Mozart that are in the public domain free for commercial use?Le Petit Prince and the public domain status in FranceIs an adaptation or translation of a public domain hymn also in the public domain?Is it safe to use public domain images of Wikipedia for commercial purposes (like printing on a product)?Is Van Gogh's Starry Night in the public domain?
I want to use a photograph that is in the public domain in the United States. However, I would be sending a document with this photograph around entities in Europe. I know that just because something is in the public domain in the United States, that doesn't mean that it is in the public domain in other countries. Can I use this photograph or not and what decides this?
This is the photo in question:
https://commons.wikimedia.org/wiki/File:Rowing_at_the_1988_Summer_Olympics.JPEG
The "Permission" field in the "Summary" section details what I'm talking about.
public-domain
edited Oct 20 '17 at 1:26
BlueDogRanch
10.5k21838
asked Oct 19 '17 at 11:45
oldsport76oldsport76
182
add a comment |
I want to use a photograph that is in the public domain in the United States. However, I would be sending a document with this photograph around entities in Europe. I know that just because something is in the public domain in the United States, that doesn't mean that it is in the public domain in other countries. Can I use this photograph or not and what decides this?
This is the photo in question:
https://commons.wikimedia.org/wiki/File:Rowing_at_the_1988_Summer_Olympics.JPEG
The "Permission" field in the "Summary" section details what I'm talking about.
public-domain
edited Oct 20 '17 at 1:26
BlueDogRanch
10.5k21838
asked Oct 19 '17 at 11:45
oldsport76oldsport76
182
add a comment |
I want to use a photograph that is in the public domain in the United States. However, I would be sending a document with this photograph around entities in Europe. I know that just because something is in the public domain in the United States, that doesn't mean that it is in the public domain in other countries. Can I use this photograph or not and what decides this?
This is the photo in question:
https://commons.wikimedia.org/wiki/File:Rowing_at_the_1988_Summer_Olympics.JPEG
The "Permission" field in the "Summary" section details what I'm talking about.
public-domain
edited Oct 20 '17 at 1:26
BlueDogRanch
10.5k21838
asked Oct 19 '17 at 11:45
oldsport76oldsport76
182
I want to use a photograph that is in the public domain in the United States. However, I would be sending a document with this photograph around entities in Europe. I know that just because something is in the public domain in the United States, that doesn't mean that it is in the public domain in other countries. Can I use this photograph or not and what decides this?
This is the photo in question:
https://commons.wikimedia.org/wiki/File:Rowing_at_the_1988_Summer_Olympics.JPEG
The "Permission" field in the "Summary" section details what I'm talking about.
public-domain
public-domain
edited Oct 20 '17 at 1:26
BlueDogRanch
10.5k21838
asked Oct 19 '17 at 11:45
oldsport76oldsport76
182
edited Oct 20 '17 at 1:26
BlueDogRanch
10.5k21838
asked Oct 19 '17 at 11:45
oldsport76oldsport76
182
edited Oct 20 '17 at 1:26
BlueDogRanch
10.5k21838
edited Oct 20 '17 at 1:26
BlueDogRanch
10.5k21838
edited Oct 20 '17 at 1:26
BlueDogRanch
10.5k21838
10.5k21838
asked Oct 19 '17 at 11:45
oldsport76oldsport76
182
asked Oct 19 '17 at 11:45
oldsport76oldsport76
182
asked Oct 19 '17 at 11:45
oldsport76oldsport76
182
182
add a comment |
add a comment |
2 Answers
2
active
oldest
votes
Under US law, the particular work is not protected by copyright, being a government work. Therefore, an infringement suit in the US would go nowhere. Under the Berne Convention Article 7(8),
the term shall be governed by the legislation of the country where
protection is claimed; however, unless the legislation of that country
otherwise provides, the term shall not exceed the term fixed in the
country of origin of the work
This is acknowledged via EU Directive 2006/116/EC, Article 7:
Where the country of origin of a work, within the meaning of the Berne
Convention, is a third country, and the author of the work is not a
Community national, the term of protection granted by the Member
States shall expire on the date of expiry of the protection granted in
the country of origin of the work, but may not exceed the term laid
down in Article 1.
So unless there is a special provision in the country in question, the shorter of the protection-time of the country of origin and that of the country of lawsuit prevails, i.e. zero in this instance. No jurisdiction in Europe appears to have created a special exception to the effect that government works are subject to copyright protection.
edited 17 mins ago
Glorfindel
155119
answered Oct 19 '17 at 23:05
user6726user6726
62.8k457112
add a comment |
If something is public domain it is public domain everywhere.
answered Oct 19 '17 at 18:19
Dale MDale M
57k23680
4
Do you have a reference to support that statement? It's certainly incorrect for cases where a copyright has expired in one jurisdiction but not another, but that's not the case here.
– phoog
Oct 19 '17 at 18:44
add a comment |
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2 Answers
2
active
oldest
votes
2 Answers
2
active
oldest
votes
active
oldest
votes
active
oldest
votes
Under US law, the particular work is not protected by copyright, being a government work. Therefore, an infringement suit in the US would go nowhere. Under the Berne Convention Article 7(8),
the term shall be governed by the legislation of the country where
protection is claimed; however, unless the legislation of that country
otherwise provides, the term shall not exceed the term fixed in the
country of origin of the work
This is acknowledged via EU Directive 2006/116/EC, Article 7:
Where the country of origin of a work, within the meaning of the Berne
Convention, is a third country, and the author of the work is not a
Community national, the term of protection granted by the Member
States shall expire on the date of expiry of the protection granted in
the country of origin of the work, but may not exceed the term laid
down in Article 1.
So unless there is a special provision in the country in question, the shorter of the protection-time of the country of origin and that of the country of lawsuit prevails, i.e. zero in this instance. No jurisdiction in Europe appears to have created a special exception to the effect that government works are subject to copyright protection.
edited 17 mins ago
Glorfindel
155119
answered Oct 19 '17 at 23:05
user6726user6726
62.8k457112
add a comment |
Under US law, the particular work is not protected by copyright, being a government work. Therefore, an infringement suit in the US would go nowhere. Under the Berne Convention Article 7(8),
the term shall be governed by the legislation of the country where
protection is claimed; however, unless the legislation of that country
otherwise provides, the term shall not exceed the term fixed in the
country of origin of the work
This is acknowledged via EU Directive 2006/116/EC, Article 7:
Where the country of origin of a work, within the meaning of the Berne
Convention, is a third country, and the author of the work is not a
Community national, the term of protection granted by the Member
States shall expire on the date of expiry of the protection granted in
the country of origin of the work, but may not exceed the term laid
down in Article 1.
So unless there is a special provision in the country in question, the shorter of the protection-time of the country of origin and that of the country of lawsuit prevails, i.e. zero in this instance. No jurisdiction in Europe appears to have created a special exception to the effect that government works are subject to copyright protection.
edited 17 mins ago
Glorfindel
155119
answered Oct 19 '17 at 23:05
user6726user6726
62.8k457112
add a comment |
Under US law, the particular work is not protected by copyright, being a government work. Therefore, an infringement suit in the US would go nowhere. Under the Berne Convention Article 7(8),
the term shall be governed by the legislation of the country where
protection is claimed; however, unless the legislation of that country
otherwise provides, the term shall not exceed the term fixed in the
country of origin of the work
This is acknowledged via EU Directive 2006/116/EC, Article 7:
Where the country of origin of a work, within the meaning of the Berne
Convention, is a third country, and the author of the work is not a
Community national, the term of protection granted by the Member
States shall expire on the date of expiry of the protection granted in
the country of origin of the work, but may not exceed the term laid
down in Article 1.
So unless there is a special provision in the country in question, the shorter of the protection-time of the country of origin and that of the country of lawsuit prevails, i.e. zero in this instance. No jurisdiction in Europe appears to have created a special exception to the effect that government works are subject to copyright protection.
edited 17 mins ago
Glorfindel
155119
answered Oct 19 '17 at 23:05
user6726user6726
62.8k457112
Under US law, the particular work is not protected by copyright, being a government work. Therefore, an infringement suit in the US would go nowhere. Under the Berne Convention Article 7(8),
the term shall be governed by the legislation of the country where
protection is claimed; however, unless the legislation of that country
otherwise provides, the term shall not exceed the term fixed in the
country of origin of the work
This is acknowledged via EU Directive 2006/116/EC, Article 7:
Where the country of origin of a work, within the meaning of the Berne
Convention, is a third country, and the author of the work is not a
Community national, the term of protection granted by the Member
States shall expire on the date of expiry of the protection granted in
the country of origin of the work, but may not exceed the term laid
down in Article 1.
So unless there is a special provision in the country in question, the shorter of the protection-time of the country of origin and that of the country of lawsuit prevails, i.e. zero in this instance. No jurisdiction in Europe appears to have created a special exception to the effect that government works are subject to copyright protection.
edited 17 mins ago
Glorfindel
155119
answered Oct 19 '17 at 23:05
user6726user6726
62.8k457112
edited 17 mins ago
Glorfindel
155119
edited 17 mins ago
Glorfindel
155119
edited 17 mins ago
Glorfindel
155119
155119
answered Oct 19 '17 at 23:05
user6726user6726
62.8k457112
answered Oct 19 '17 at 23:05
user6726user6726
62.8k457112
answered Oct 19 '17 at 23:05
user6726user6726
62.8k457112
62.8k457112
add a comment |
add a comment |
If something is public domain it is public domain everywhere.
answered Oct 19 '17 at 18:19
Dale MDale M
57k23680
4
Do you have a reference to support that statement? It's certainly incorrect for cases where a copyright has expired in one jurisdiction but not another, but that's not the case here.
– phoog
Oct 19 '17 at 18:44
add a comment |
If something is public domain it is public domain everywhere.
answered Oct 19 '17 at 18:19
Dale MDale M
57k23680
4
Do you have a reference to support that statement? It's certainly incorrect for cases where a copyright has expired in one jurisdiction but not another, but that's not the case here.
– phoog
Oct 19 '17 at 18:44
add a comment |
If something is public domain it is public domain everywhere.
answered Oct 19 '17 at 18:19
Dale MDale M
57k23680
If something is public domain it is public domain everywhere.
answered Oct 19 '17 at 18:19
Dale MDale M
57k23680
answered Oct 19 '17 at 18:19
Dale MDale M
57k23680
answered Oct 19 '17 at 18:19
Dale MDale M
57k23680
answered Oct 19 '17 at 18:19
Dale MDale M
57k23680
57k23680
4
Do you have a reference to support that statement? It's certainly incorrect for cases where a copyright has expired in one jurisdiction but not another, but that's not the case here.
– phoog
Oct 19 '17 at 18:44
add a comment |
4
Do you have a reference to support that statement? It's certainly incorrect for cases where a copyright has expired in one jurisdiction but not another, but that's not the case here.
– phoog
Oct 19 '17 at 18:44
4
4
Do you have a reference to support that statement? It's certainly incorrect for cases where a copyright has expired in one jurisdiction but not another, but that's not the case here.
– phoog
Oct 19 '17 at 18:44
Do you have a reference to support that statement? It's certainly incorrect for cases where a copyright has expired in one jurisdiction but not another, but that's not the case here.
– phoog
Oct 19 '17 at 18:44
add a comment |
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