According to Joyce foundation “all works published during his lifetime are
in the public domain” [in the EU, UK and Ireland. ]
i do not see that it has ever been deleted on commons.
however "*YES. URAA cannot be used as the sole reason for deletion."*
so a bold individual, might well defy precautionary principle and upload
expect a deletion nomination in response.
jim hayes
On Thu, Jun 2, 2022 at 10:03 AM Nicolas VIGNERON <vigneron.nicolas(a)gmail.com>
wrote:
Hi,
Some explanations/clarifications here :
- applicable law is a millennia old unsolved nightmare, but to make it
short, both US and local laws are applicable on Wikimedia Commons.
- when you say "Finnegans Wake by James Joyce", what are you talking
about exactly? There are a lot of editions, with a lot of
corresponding copyright (and I would say that some - if not most - of
them are already public domain in both the local country and US). Who
is the translator? What is the publication date in the US? Was there a
copyright notice?
- "internet barrier" is indeed not possible (hence my first point)
- "a German subsidiary legal entity" (or any/all other countries) has
already been discussed many times, in the end it's just not feasible
(see previous point) nor realistic (US law is probably still
applicable anyway).
PS: in any case, it will clearly be public domain in the US in 2035,
which is quite soon (we have files marked to undelete as far as 2160
on Commons/Wikisource ;) ) and there is a lot more other work to
transcribe on Wikisource meanwhile.
Cheers,
Nicolas
Le mer. 1 juin 2022 à 21:56, J Hayes <slowking4(a)gmail.com> a écrit :
Yes, there was a wikilivres project in Canada (pma +50) but it fizzled
out.
There have also been attempts to have a local EDP
or “fair use” of the
lesser term, but that would be up to the local wikisource
community.
(English has resisted this)
Other institutions have transcription efforts not
constrained by commons
copyright rules. For example, transcribed
si.org
Sorry about that
Jim hayes
On Wed, Jun 1, 2022 at 10:05 AM Julius Hamilton <
juliushamilton100(a)gmail.com> wrote:
>
> Hey,
>
> From what I understand WikiSource’s servers are located in the US and
must
therefore follow US Copyright.
>
> I would like a much deeper understanding of how copyright is upheld
online
since it’s so easy to access “foreign” websites, of course.
>
> I would like to upload a book - Finnegans Wake by James Joyce - to
WikiSource.
It’s out of copyright in Europe but on the US, because they
have different copyright lengths.
>
> If we assume US copyright law applying to servers physically located in
the
US, that much makes sense. But is there a law that people in the US
cannot access those same materials on foreign servers where they are not
copyrighted? If that’s actually a law, how do they enforce that? They would
need to stick up some kind of internet barrier, internet censorship. Is
that legal? How could they achieve it? Wouldn’t they basically have to get
internet service providers to block a certain domain or something? So… the
government would say, “We heard foreign site X is serving copyrighted
material to American citizens; block that site for all Americans”? And then
the foreign site would respond (to get unblocked) by checking the location
of whoever’s requesting their webpage and probably specifically limit
content depending on region, to comply with the government? (In which case
the user could use a VPN.)
>
> What about where a company is registered?
>
> Can Wikisource.de - if it’s actually hosted in Germany - host Finnegans
Wake
even if Wikisource is perhaps trademarked in the US or something?
>
> Does the law work that way, that a company registered in one country is
responsible for complying with copyright law internationally? (I assume so,
it sounds likely).
>
> Anyway: if we cannot host Finnegans Wake on Wikisource.de, is there any
good
workaround? Wikipedia is a very international phenomenon, it would be
too bad if it only were ruled by American law. Can’t we create a German
subsidiary legal entity for it or something?
Thanks very much,
Julius
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