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03-22-2014, 08:52 AM | #1 |
Unicycle Daredevil
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Servers moving to U.S.!!?? MR library to be compliant with U.S. copyright??
According to this post in the Book Club forum, the servers of the Patricia Clark Memorial Library are going to move to the U.S. soon, so that we will have to observe U.S. copyright laws here - on top of the Life +70 rule, which will also apply. Talk of getting the worst of both worlds...
This is seriously disturbing news, since this step will demand the deletion of a lot of great books in the library, leaving it a shadow of its current self. It would also make a uploading a royal PITA, due to the kafkaesque labyrinth that is U.S. copyright. (Oh, btw, Kafka is one of the authors that would likely have to go...) So how? what? why? and can this be prevented? Last edited by doubleshuffle; 03-22-2014 at 09:01 AM. |
03-22-2014, 10:11 AM | #2 |
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You've been given duff information here. We are in the process of moving to a strict "life+70" compliance in our ebook library. US copyright law is irrelevant (to that process - obviously if you're in the US it still determines what you can or can't legally download!).
Last edited by HarryT; 03-22-2014 at 10:15 AM. |
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03-22-2014, 10:15 AM | #3 |
Unicycle Daredevil
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Well, thanks for clearing this up. Very reassuring. I tend to believe information given by moderators here, so I do hope you are the mod to trust in this.
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03-22-2014, 10:16 AM | #4 |
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Looking after the library is my job, so yes, you can trust me .
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03-22-2014, 10:19 AM | #5 |
Unicycle Daredevil
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Great. What a relief!
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03-22-2014, 10:27 AM | #6 |
why in?
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Thanks for un-ruining my weekend, Harry.
Which brings me back to my original question here. Given that Swiss law doesn’t seem to know extra protection for new scientific editions, would it be ok to upload The Uncensored Picture of Dorian Gray by Oscar Wilde on MR? |
03-22-2014, 10:32 AM | #7 |
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I'm not sure about that one, pynch. What is its copyright status?
Certainly in EU law, the initial publication of a previously-unpublished work that would otherwise be in the public domain gets a one-time 25-year copyright term. |
03-22-2014, 10:41 AM | #8 |
why in?
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It was published in 2011, after the expiration of the author’s copyright protection, so it is protected for 25 years in the EU. But I could not find a similar rule for Switzerland when the question first arose a year ago (and I really tried to find it because I couldn’t believe it).
Last edited by pynch; 03-22-2014 at 11:05 AM. |
03-22-2014, 11:00 AM | #9 |
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I think we'll need to do some further research on this.
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03-24-2014, 05:01 PM | #10 | |
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Quote:
Article 29.3 of the Swiss Copyright Act seems to imply that after the protection term there is no other protection possibilities. (BTW, I think that copyright protection for critical editions is a possibility in EU law, but only implemented by Germany and Slovenia [I mean, even in the EU is an exception rather than a rule].) But I’m not a lawyer (I cannot pretend to be one) and German isn’t my mother tongue. How about asking about this to the Swiss Copyright Office? Many thanks for your excellent work. |
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03-25-2014, 03:55 AM | #11 | |
why in?
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I’m not sure about article 29.3, I think it only says that there is no protection if it is safe to assume that the author has been dead for more than 70 years (no lawyer either!).
You might be right about the protection for critical editions, it seems that the protection for posthumous works is more common (though, again, not in Swiss legislation). I will write a mail to the Swiss Copyright Office (thanks for the tip). Quote:
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03-26-2014, 01:24 PM | #12 | |
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I have a question on protection for critical editions in Germany, but I guess this isn’t the right thread to ask about it. |
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03-26-2014, 01:44 PM | #13 |
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This might be totally irrelevant, but keep in mind that Swiss law is not the same as EU law. Switzerland is a signatory of the Berne conventions, but not a member of the EU.
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03-26-2014, 03:31 PM | #14 | |
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This is the reason why my question might not fit in this thread. |
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03-26-2014, 03:51 PM | #15 |
why in?
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So open a new thread? Or write me a private message?
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