Scientific and Critical Editions of Public Domain Works: An Example of European Copyright Law (Dis)Harmonization

Abstract

Despite the lack of unanimity among European nations on how to treat so-called scientific and critical editions, most of these nations agree on the major proposition that this kind of work should attract some kind of protection under neighbouring rights doctrines in their copyright codes. Canada has no such provisions. This article explores the neighbouring rights protection in some European nations and shows that Canadian publishers of such editions should be aware of the diverse range of protection that they are given in Europe and the potential liability of Canadian publishers.