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Copyright of the Human Rights Convention

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Copyright of the Human Rights Convention

Postby Spankymonkey » Sun Mar 26, 2017 3:28 pm

Looking at some of the texts provided by the ECHR I can see no copyright ascribed. Is it reasonable to assume one would need the permission of the European Council to print the articles on a T shirt or poster for instance for resale?
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Re: Copyright of the Human Rights Convention

Postby dls » Sun Mar 26, 2017 6:32 pm

Copyright exists independent of any assertion of it. Copyrights in such msterials are often waived. Check wit the court if you have any continuing doubts.
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Re: Copyright of the Human Rights Convention

Postby Spankymonkey » Tue Mar 28, 2017 1:48 pm

But what if after all your efforts to find out who owns the copyright of something you still come up empty handed?
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Re: Copyright of the Human Rights Convention

Postby Smouldering Stoat » Tue Mar 28, 2017 2:50 pm

Tough. If you can't find the copyright owner then you have no way of getting their consent.
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Re: Copyright of the Human Rights Convention

Postby atticus » Tue Mar 28, 2017 3:26 pm

... and you will have to negotiate a deal with her should she come after you for infringement.
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Re: Copyright of the Human Rights Convention

Postby shootist » Tue Mar 28, 2017 5:01 pm

You could always take the Duke's route; publish and be damned.
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Re: Copyright of the Human Rights Convention

Postby atticus » Tue Mar 28, 2017 5:23 pm

If you are prepared to risk damnation.

(The Iron Duke said those words in a different legal context.)
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Re: Copyright of the Human Rights Convention

Postby shootist » Tue Mar 28, 2017 5:54 pm

I knew that. I just like the sentiments.

If every reasonable effort is made to trace the copyright owner and they cannot be found then it is possible that use of the copyrighted material is fairly safe. At worst, I think it likely that the copyright owner might be able to claim a portion of the profits made from the copying, assuming that they can prove copyright which may be as difficult for them as finding the holder was for the OP.
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Re: Copyright of the Human Rights Convention

Postby atticus » Tue Mar 28, 2017 6:18 pm

That assumes that your assumptions are correct.

A part of what lawyers do entails analysis of risk. A situation has been described which carries risks. Whether to take the risk is a matter for the person considering doing so.
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Re: Copyright of the Human Rights Convention

Postby dls » Tue Mar 28, 2017 9:14 pm

Copyright inheres in what is created by virtue of the act of creation. Being unable to find the author is no warranty that the author may not be able to find you.

For something such as the ECHR, but as we say, not further or otherwise, I expect (no more) that copyright is unlikely to be claimed. It is one of those situations where you ask them. They will tell you.
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