[GA - Passed] Protecting Public Domain Dedications

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Magecastle

Magecastle

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Protecting Public Domain Dedications
Category: Civil RIghts | Strength: Mild
Proposed by: Tinhampton | Onsite Topic​

Convinced that while domestic copyright owners have fundamental moral rights to their work, they should be free to waive those rights before the copyright would normally expire, allowing others to freely share and build on that work, and

Believing that, when copyright of a work is waived by its creators, foreign member states should reciprocate that waiver in the interests of fairness...

The General Assembly hereby:

  1. defines a "copyrighted work" in a member state as a work created within, and protected by copyright in, that member,
  2. declares that anybody who owns the copyright of a copyrighted work in the member state it was created in may irreversibly waive the copyright of that work in that member, so long as all the owners of that work's copyright agree to the waiver,
  3. requires that all members other than the member it was created in immediately and irreversibly waive whatever copyright they may have recognised of any work whose copyright has been waived in the member it was created in pursuant to Article b, and
  4. encourages members to follow Article c in the case of:
    1. works created in a non-member state whose copyrights have been waived in that non-member, and
    2. works created in a member state which does not recognise copyrights for domestically-produced works (so long as all the creators of that work agree to such a waiver), but
  5. clarifies that this resolution:
    1. merely sets out legal procedures for members and does not advise any copyright owner to sustain or waive their moral rights,
    2. does not require any member to institute copyright protections, and
    3. does not prevent any member from allowing the copyright of a work to be transferred to another entity, so long as all its current copyright owners agree.
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Note: Only votes from TNP WA nations and NPA personnel will be counted. If you do not meet these requirements, please add (non-WA) or something of that effect to your vote.
Voting Instructions:
  • Vote For if you want the Delegate to vote For the resolution.
  • Vote Against if you want the Delegate to vote Against the resolution.
  • Vote Abstain if you want the Delegate to abstain from voting on this resolution.
  • Vote Present if you are personally abstaining from this vote.
Detailed opinions with your vote are appreciated and encouraged!

ForAgainstAbstainPresent
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Overview
This proposal aims to protect the ability of copyright-holders to waive their copyrights, and prevent the enforcement of copyrights which their holdiers have waived. It does this by requiring member nations to recognise the waiving of copyrights by all owners of the work in question, and then requiring member nations to recognise the waiving of copyrights in each other's jurisdiction.

Recommendation
While there may be concerns as to whether these measures would not already be taken by rational member nations, we find that this is a common-sense policy solution necessary to prevent the continued enforcement of copyrights whose owners have no interest in enforcement. We also find that the proposal achieves its goal concisely and thoroughly.

For the above reasons, the Ministry of World Assembly Affairs recommends a vote For the General Assembly resolution at vote, "Protecting Public Domain Dedications".
 
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For. While there's a reasonable concern as to whether members won't already do this, I think it's still a common-sense policy to absolutely make sure that this doesn't happen.
 
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(Non-WA) I am for this proposal. As Magecastle said, this seems to be a reasonable provision which many member-nations would have already implemented. The purpose of the GA, however, is to impose minimal standards, which seems like exactly what this proposal does.
 
For. This proposal provides legal procedures for members to waive copyrights, and at the same time respects the rights and interests of copyright owners.
 
For

a work created within, and protected by copyright in, that member
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Wait, so it has to be copyrighted in the same nation in which it was created? That's an odd clause.
 
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