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Comparative Analysis of National Approaches on Voluntary Copyright Relinquishment Dr Andres Guadamuz University of Sussex, UK

Comparative Analysis of National Approaches on Voluntary Copyright Relinquishment

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Study presented at the 13th session of the Committee for Development in IP at WIPO, Geneva (May 2014). http://www.wipo.int/edocs/mdocs/mdocs/en/cdip_13/cdip_13_inf_10.pdf

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Page 1: Comparative Analysis of National Approaches on Voluntary Copyright Relinquishment

Comparative Analysis of National Approaches on Voluntary Copyright RelinquishmentDr Andres Guadamuz University of Sussex, UK

Page 2: Comparative Analysis of National Approaches on Voluntary Copyright Relinquishment

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Can you relinquish your copyright?

Page 3: Comparative Analysis of National Approaches on Voluntary Copyright Relinquishment

Of course!

Surely!

Errrr… I guess so?

Why are you asking?

Page 4: Comparative Analysis of National Approaches on Voluntary Copyright Relinquishment

Depends on the view of copyright

Copyright as a property right: you can do what you want with your property, even donate it.

Copyright as a fundamental right of personality: you cannot renounce basic rights.

Page 5: Comparative Analysis of National Approaches on Voluntary Copyright Relinquishment

Terminology

Public domain dedication

relinquishment

renouncement

abandonment

Page 6: Comparative Analysis of National Approaches on Voluntary Copyright Relinquishment

Relinquishment (Kenya)s. 45(1) of the Kenyan Copyright Law: “The following works shall belong to the public domain-[…] (b) works in respect of which authors have renounced their rights;”

s 45(2): “For the purposes of paragraph (b), renunciation by an author or his successor in title of his rights shall be in writing and made public but any such renunciation shall not be contrary to any previous contractual obligation relating to the work.”

Page 7: Comparative Analysis of National Approaches on Voluntary Copyright Relinquishment

Moral rights (Colombia)

“Art. 30 (1) The above [moral] rights may not be waived or transferred. When authors transfer and authorize the exercise of their patrimonial rights they grant the enjoyment and disposal referred to the respective contract, and retain the [moral] rights provided in this Article.”

Page 8: Comparative Analysis of National Approaches on Voluntary Copyright Relinquishment

Results by countryCountry Allows  voluntary  

relinquishment?Can  moral  rights  be  waived?

Brazil Unclear No

Chile Yes No

China Unclear No

Colombia Yes No

Egypt Unclear No

France Unclear No

India Yes Unclear

Kenya Yes No

Republic  of  Korea Unclear No

Page 9: Comparative Analysis of National Approaches on Voluntary Copyright Relinquishment

Who is dedicating works to the public domain?

Scientific projects (Human Genome Project)

Memory institutions

Public bodies

Very few individuals

Page 10: Comparative Analysis of National Approaches on Voluntary Copyright Relinquishment

Creative Commons

Page 11: Comparative Analysis of National Approaches on Voluntary Copyright Relinquishment

CC licensing suite

BY Attribution

BY-NC Attribution - Non Commercial

BY-SA Attribution - Share Alike

BY-ND Attribution - No Derivatives

BY-NC-SA Attribution - Non Commercial - Share Alike

BY-NC-ND Attribution - Non Commercial - No Derivatives

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CC0

Public domain dedication to the extent permitted by law.

If local copyright law does not allow relinquishment, then it acts as a “royalty-free, non-transferable, non sublicensable, non exclusive, irrevocable and unconditional license” to exercise all rights in the work.

Page 13: Comparative Analysis of National Approaches on Voluntary Copyright Relinquishment

CC0 adoptersThe British Library: The European Organization for Nuclear Research (CERN) Library Digital Public Library of America (DPLA) Europeana Genomes Unzipped German National Library Harvard Library Netherlands Government Sage Commons Université de Montréal Biodiversity Centre

Page 14: Comparative Analysis of National Approaches on Voluntary Copyright Relinquishment

And…“As a work of the United States Government, this document is in the public domain within the United States. Additionally, the United States Government waives copyright and related rights in this work worldwide through the CC0 1.0 Universal Public Domain Dedication.”

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Concluding…