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Old 07-26-2011, 09:16 AM   #1
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Banned Books

Not sure this is the right place so mods please move if appropriate.

I know no one can give legal advice but I am looking for people's views and opinions on this one. I recently reviewed a banned book, the text of the book has been translated into English and is freely available online. The book was originally published in several languages (not English) then a court decided that it could no longer be sold and all unsold copies had to be destroyed.

I am going to publish my review on my blog but am unsure if I should link to or even suggest where readers can find the English translation. Both for copyright and the fact the book is not allowed to be sold (although the translations are free). Usually I end a review with "this book is available from ...." but am unsure here.

Any opinions, views or experience would be greatly received.
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Old 07-26-2011, 09:21 AM   #2
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Originally Posted by Tome Keeper View Post
I recently reviewed a banned book, the text of the book has been translated into English and is freely available online.
I had no idea there was still such a thing as 'banned books'?! Wow!
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Old 07-26-2011, 09:27 AM   #3
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Maybe banned is not the right word, the courts decided that the author could no longer publish the work and all unsold copies had to be destroyed.

It is not clear from what I found online if that is still the case or not, with conflicting news reports, some saying that the courts decision had been appealed and the ban withdrawn other's saying not. Others saying it could now be sold but that the subjects of the book were appealing the decision. Bit confusing to say the least! Which is where my wariness comes in.
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Old 07-26-2011, 09:33 AM   #4
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Are you in the same country as the court which ruled that it couldn't be sold? If so, you're risking a charge of "contempt of court". I wouldn't do it.
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Old 07-26-2011, 09:37 AM   #5
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No I am not in the same country. I'm currently working my way through the appeal document to find out if the ban still stands.

My main worry was the copyright issue about linking to a translation of the book, rather than it being banned.

EDIT: I have just read through the court documents which overturned the ban as it wasn't valid. Therefore the only issue is linking to translations of a copyrighted work that is not otherwise available in English. I am personally now thinking that I should not link to the work or suggest where to find it, as those who wish to read it can probably find the translation themselves. Therefore I am not encouraging copyright violation Thanks for your comments.

Last edited by Tome Keeper; 07-26-2011 at 09:43 AM. Reason: More info
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Old 07-26-2011, 09:57 AM   #6
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Why bother linking to it? Anyone interested enough will be able to find their own copy easily enough.
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Old 07-27-2011, 11:48 AM   #7
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How fascinating. A link is helpful if it's hard to find... if you can narrow down a combination of words in Google that will lead to the book, you might say "Google 'i love cabbages' for more information" or something...? (Random example.)
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Old 07-27-2011, 01:01 PM   #8
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@Tome Keeper: this sounds pretty obvious, but I personally consult a solicitor/attorney first before doing anything - you might be tiptoeing through a nasty minefield otherwise.
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Old 07-27-2011, 02:03 PM   #9
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I've done some asking around since yesterday. There is no ban on the book currently as the ruling was overturned so that is not an issue. The English translation is not authorised, I have spoken to the translator, and due to that I will not directly link to the translation nor am I going to suggest what to google to find the translation simply state that my review is based on a English translation. Anyone interested should be able to figure it out for themselves and as far as I can tell from copyright law I will have not done anything wrong myself by simply reading an unauthorised translation as I am providing "criticism" of the piece but not reproducing or distributing it.

Thanks for the advice lestatar, however I don't have that kind of money, so I'm going with the safest and most moral option. I don't think the author is that bothered, as he used the existence of the unauthorised English translation free online as part of his defence in the court case. That was last year and he has yet to take action against the translator or any of the numerous sites hosting the translation.
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Old 08-06-2011, 10:16 AM   #10
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Can you tell us what the book was about? Why was it banned?


And yes, a link would be helpful.
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Old 08-07-2011, 09:22 AM   #11
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The book is Maddie - A Verdade da Mentira by Goncalo Amaral. The appeal court papers can be found here: http://www.mccannfiles.com/id344.html

The book is about the police investigation into a missing child, the child's parents asked for the book to be banned as they said it invaded their privacy, defamed their character etc. Originally the court upheld this but a subsequent appeal withdrew the ban, although the book still has not been published in English.

The review is all set to be put on the site in the coming weeks just saying that it is a review of the English translation.
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Old 08-07-2011, 12:02 PM   #12
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You're treading on delicate ground there, Tome Keeper. You know as well as I do what an emotive subject this is in Britain. I'd urge you not to say anything which could cause upset.
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Old 08-07-2011, 05:28 PM   #13
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You're treading on delicate ground there, Tome Keeper. You know as well as I do what an emotive subject this is in Britain. I'd urge you not to say anything which could cause upset.
Harry, don't worry, I am critiquing the book not the case and so do not stray into a debate on who might have done what etc. I just don't believe in restricting access to books.

I have reviewed two other books on the case which haven't caused upset. I don't get into a debate about the crimes just the quality of the books.

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Old 08-07-2011, 07:24 PM   #14
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Eh, I guess I have to wonder, why write the review if the book is not legally get able?
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Old 08-07-2011, 07:53 PM   #15
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Eh, I guess I have to wonder, why write the review if the book is not legally get able?
It is available in several languages just not English. Main reasons for reviewing are that it is likely to be published in English, there is a lot of misleading information about the book from people who have not been able to read it and also there are not many reviews for the book in general, and many of those who may consider purchasing the book will be able to read English so can look at the review as a guide.
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