>>> >>> "Diese Komponenten sind Public Domain, das Urheberrecht liegt aber beim >>> Autor." > > [...] > >> >> In Germany, "public domain" does not exist. One *can not* give up the >> copyright. But one can allow unrestricted use. > > So what would you think reading that license?
While I think it is crazy that Germany does not allow one to waive ones copyright - that is their decision as a sovereign state. However, nobody who isn't a citizen of that state can be bound by their laws - so no doubt there must be some way that Germany deals with things from outsiders that are public domain. The logical answer is to use the exact same structure they use for copyrights that have expired. Germany is bound by the Bern convention so they are required to let copyright expire and go into the public domain eventually. Even if they prevent Germans for placing their work there prematurely, they cannot prevent foreigners from doing so, so logically the effect inside Germany should be the same. The only other viable way of dealing with it would be to assume that the author granted you an implicit copyright license which grants ALL the rights that copyright would have restricted. This would have the same practical result as the first option - but be much more legally cumbersome and illogical (of course, I won't put anything past politicians). Either way, Germany cannot dictate to foreigners the terms under which they may make their works available unless they made public domain publishing so illegal as to ban the import of public domain works from countries that allow it - something I seriously doubt. Now please note, I am not a lawyer, just a copyright reform activist with a pretty clear idea of most copyright systems and what the Bern convention requires - I don't know how Germany specifically deals with foreign public domain but if I had to make an educated guess I would say you are likely in the clear. However, I would suggest you check with somebody more knowledgeable about German copyright law specifically before acting on this suggestion - whatever system they use to deal with it, you should know the terms under which you can act before acting. Ciao A.J. PS. I am assuming the original publisher IS in fact a foreigner ? PPS. Your components are under copyright law a derivative work. It is a known fact here that the author of the original work had intended you (among other things to have the right to create such derivatives, and distribute them (otherwise the public domain placing makes no sense) - so while there may be some specifically German red-tape that YOU have to deal with - the essential concept here is completely ok. -- A.J. Venter Chief Executive Officer Tel.: +27 21 554 5059 Fax: +27 11 252 9197 Outkast Solutions IT www.outkastsolutions.co.za A division of Global Pact Trading Pty Ltd. www.silentcoder.co.za - Blog scartoonz.silentcoder.co.za - ScarToonz webcomic _______________________________________________ Lazarus mailing list [email protected] http://www.lazarus.freepascal.org/mailman/listinfo/lazarus
