NationStates Jolt Archive

The UCPL addresses the creation of a universal copyright law but does not suggest one. This law will enact these statutes in all UN Nations:

1) A UN Copyright Office is to be created to deal with the matters of copyright registration and renewal.
2) A work that is created (fixed in tangible form for the first time), is automatically copyrighted from the moment of its creation and given a term enduring for the author's life plus an additional 70 years after the author's death. In the case of "a joint work prepared by two or more authors who did not work for hire," the term lasts for 70 years after the last surviving author's death. For works made for hire, and for anonymous and pseudonymous works (unless the author's identity is revealed in Copyright Office records), the duration of copyright will be 95 years from publication or 120 years from creation, whichever is shorter.
3) Any or all of the copyright owner's exclusive rights or any subdivision of those rights may be transferred, but the transfer of exclusive rights is not valid unless that transfer is in writing and signed by the owner of the rights conveyed or such owner's duly authorized agent. Transfer of a right on a nonexclusive basis does not require a written agreement.
4) Copyright registration is a legal formality intended to make a public record of the basic facts of a particular copyright. Registration is not a condition of copyright protection. Even though registration is not a requirement for protection, the copyright law provides several inducements or advantages to encourage copyright owners to make registration. Among these advantages are the following:
· Registration establishes a public record of the copyright claim.
· Before an infringement suit may be filed in court, registration is necessary
· If made before or within 5 years of publication, registration will establish prima facie evidence in court of the validity of the copyright and of the facts stated in the certificate.
· If registration is made within 3 months after publication of the work or prior to an infringement of the work, statutory damages and attorney's fees will be available to the copyright owner in court actions. Otherwise, only an award of actual damages and profits is available to the copyright owner.

You know the drill. Comment? Question? Hate?

Seems reasonable enough at first glance, though again the strength is Strong when it shouldn't be - possibly Significant, preferably Mild. And you might want to lose this bit:

· Before an infringement suit may be filed in court, registration is necessary for works of U. S. origin.

US origin? Do we have an NS US?

http://www.nationstates.net/forum/viewtopic.php?t=77286

Minor Offences
1. Minor game mechanics changes - where not covered above.
2. Incorrect categorisation of proposal.
3. Proposal not worthy of UN's consideration.
4. Real-world-based proposal.
5. Pathetic joke proposals - including but not limited to "against dihydrogen oxide" and "the right to arm bears".
6. Copied Proposals.
7. Amendment proposals.

U.N.*

http://www.nationstates.net/forum/viewtopic.php?t=77286

Minor Offences
1. Minor game mechanics changes - where not covered above.
2. Incorrect categorisation of proposal.
3. Proposal not worthy of UN's consideration.
4. Real-world-based proposal.
5. Pathetic joke proposals - including but not limited to "against dihydrogen oxide" and "the right to arm bears".
6. Copied Proposals.
7. Amendment proposals.

Just a matter of mincing words thus it will be renamed th UN Copyright Law

http://www.nationstates.net/forum/viewtopic.php?t=77286

Minor Offences
...
7. Amendment proposals.

Sure, but this isn't really an amendment in that it doesn't seek to change anything in the first resolution - it's just plugging a gap that the UCPL left open, which is

1. Copyright/Patent Law be the same between all UN members.

but not what said law is.

We've had this before with the Fair Trial resolution, which had to be followed up by the Definition of Fair Trial to fill a similar hole...

We consider copyright to end at death, and see absolutely no reason why it should extend further. Consequently, we'll oppose this as hard as we can.

And we consider copyright to be theft. If you want exclusive rights over the use something, don't show it to anybody. Credit where credit is due, but once ideas are out in the culture they are part of that culture - to be used and modified as people see fit. Nothing is created without standing on the shoulders of our cultural ancestors.

While Errenya would vote against any such resolution on the grounds of the greater practicality of individual national control of copyright, subject to acceptable international standards, we accept that this proposal is at least worthy of a vote - except in one detail.

To say that "before an infringement suit may be filed in court, registration is necessary" is to effectively mandate registration. A right that cannot be defended in the judiciary is no right at all. This proposal is misleading us when it says that registration is not a requirement for protection.

Registration establishes a public record. A jury cannot deliberate on a copyright case if the copyright itself cannot be admitted as evidence. C'mon at least read the damn proposal!