[WikiEN-l] Copyright question - illegal publications

[Fastfission]

It is tempting to say, "If its publication IS illegal, then surely no
one will sue for infringement (since that would require claiming
authorship, which is illegal)", but that would only apply in the state
in which it was published, I imagine. Whether a publication is illegal
or not is probably a national issue -- something illegal in one
country is not necessarily illegal in the US, and wouldn't affect the
US handling of the copyright law.

FF

On 5/10/06, Fred Bauder <fredbaud at ctelco.net> wrote:
> While there is an author and the "heirs and assigns"  (a debtor for
> example) of an organization which may have legal claims there is
> miniscule chance that any of them would come forth. I know of no
> clause which excludes illegal publications from copyright protection.
> If the article has substantial historical importance it would fall
> under fair use.
>
> Fred
>
> On May 9, 2006, at 8:04 PM, zero 0000 wrote:
>
> >
> > I'm hoping someone here can help non a copyright issue.
> >
> > I want to post a translation (probably on Wikiquote) of
> > an article of just over a page that appeared in an illegal
> > newspaper in 1943.  There is no author given and the
> > underground organization which published the newspaper
> > disbanded in 1948.   The article has substantial historical
> > importance.
> >
> > Can I do it legally?  I can't see any explicit clauses in
> > copyright legislation that would exclude illegal publications
> > from copyright protection, but it is the sort of thing that
> > might have come up in court cases.
> >
> > Any pointers would be appreciated.
> >
> > Thanks, Zero.
> >
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