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I would be interested in reading a similar piece from the perspective of someone with a background in the law of continental Europe. I adore this piece of writi

I would be interested in reading a similar piece from the perspective of someone with a background in the law of continental Europe. I adore this piece of writing, but it's very U.S.-centric in parts.

derefr 6y ago
I think most of this (other than the historical references) is in reference to the effective “strong minimum standards” of the Berne Convention, and to the later treaties established between WIPO member nations. Therefore, it’s almost† globally applicable. † From Wikipedia, WIPO non-members: Kosovo, Federated States of Micronesia, Palau, South Sudan, and the states with limited recognition. Palestine has observer status.
- rdpintqogeogsaa 6y ago
  The devil is, however, most often in the details. Lines such as > United States law calculates copyright terms differently for individual and “corporate” authors. make me wonder what it is like in, say, France or Germany.
  - ben_bai 6y ago
    In Germany Copyright (Urheberrecht) is always with the original author and can not be sold or given to somebody else. It can be inherited. One can sell or give permission the right to publish, duplicate, whatever (Verwertungsrecht). Writing a book on company time and money automatically awards the company the rights to publish, make money, etc. Writing a book in you spare time with "work related knowledge" might award the company with a claim for buying (at fair value) the publishing rights. If you write a bestseller on company time you might also be entitled to a compensation in addition to your payrole. (But always best to have a contract beforehand) But on the whole Germany is in the Berne convention.
    - ghaff 6y ago
      Yes, my understanding is that is one of the reasons why trying to just place something in the public domain is problematic in various countries in continental Europe. There are potentially issues in other countries as well but "moral rights" aren't really a problem in common law countries.

derefr 6y ago

I think most of this (other than the historical references) is in reference to the effective “strong minimum standards” of the Berne Convention, and to the later treaties established between WIPO member nations. Therefore, it’s almost† globally applicable. † From Wikipedia, WIPO non-members: Kosovo, Federated States of Micronesia, Palau, South Sudan, and the states with limited recognition. Palestine has observer status.

rdpintqogeogsaa 6y ago
The devil is, however, most often in the details. Lines such as > United States law calculates copyright terms differently for individual and “corporate” authors. make me wonder what it is like in, say, France or Germany.
- ben_bai 6y ago
  In Germany Copyright (Urheberrecht) is always with the original author and can not be sold or given to somebody else. It can be inherited. One can sell or give permission the right to publish, duplicate, whatever (Verwertungsrecht). Writing a book on company time and money automatically awards the company the rights to publish, make money, etc. Writing a book in you spare time with "work related knowledge" might award the company with a claim for buying (at fair value) the publishing rights. If you write a bestseller on company time you might also be entitled to a compensation in addition to your payrole. (But always best to have a contract beforehand) But on the whole Germany is in the Berne convention.
  - ghaff 6y ago
    Yes, my understanding is that is one of the reasons why trying to just place something in the public domain is problematic in various countries in continental Europe. There are potentially issues in other countries as well but "moral rights" aren't really a problem in common law countries.