Servers moving to U.S.!!?? MR library to be compliant with U.S. copyright??

doubleshuffle · 03-22-2014, 08:52 AM

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?

HarryT · 03-22-2014, 10:11 AM

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!).

doubleshuffle · 03-22-2014, 10:15 AM

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.

HarryT · 03-22-2014, 10:16 AM

Looking after the library is my job, so yes, you can trust me

.

doubleshuffle · 03-22-2014, 10:19 AM

Great. What a relief!

pynch · 03-22-2014, 10:27 AM

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?

HarryT · 03-22-2014, 10:32 AM

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Certainly in EU law, the initial publication of a previously-unpublished work that would otherwise be in the public domain gets a one-time 25-year copyright term.

pynch · 03-22-2014, 10:41 AM

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).

HarryT · 03-22-2014, 11:00 AM

I think we'll need to do some further research on this.

ousia · 03-24-2014, 05:01 PM

Quote:

Originally Posted by pynch

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).

pynch,

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.

pynch · 03-25-2014, 03:55 AM

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:

Originally Posted by ousia

pynch,

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.

ousia · 03-26-2014, 01:24 PM

Quote:

Originally Posted by pynch

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’re right. I was interpreting when reading the thrid paragraph.

I have a question on protection for critical editions in Germany, but I guess this isn’t the right thread to ask about it.

Mike L · 03-26-2014, 01:44 PM

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.

Mike

ousia · 03-26-2014, 03:31 PM

Quote:

Originally Posted by Mike L

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.

Many thanks for your comment. Mike.

This is the reason why my question might not fit in this thread.

pynch · 03-26-2014, 03:51 PM

So open a new thread? Or write me a private message?

03-22-2014, 08:52 AM	#1
doubleshuffle Unicycle Daredevil Posts: 13,923 Karma: 185041098 Join Date: Jan 2011 Location: Planet of the Pudding Brains Device: Aura HD (R.I.P. After six years the USB socket died.) tolino shine 3	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
HarryT eBook Enthusiast Posts: 85,544 Karma: 93383043 Join Date: Nov 2006 Location: UK Device: Kindle Oasis 2, iPad Pro 10.5", iPhone 6	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.

03-22-2014, 10:41 AM	#8
pynch why in? Posts: 1,620 Karma: 28802432 Join Date: Apr 2012 Device: Sony PRS-350, Kobo Aura	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.

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03-22-2014, 10:15 AM	#3
doubleshuffle Unicycle Daredevil Posts: 13,923 Karma: 185041098 Join Date: Jan 2011 Location: Planet of the Pudding Brains Device: Aura HD (R.I.P. After six years the USB socket died.) tolino shine 3	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.

03-22-2014, 10:16 AM	#4
HarryT eBook Enthusiast Posts: 85,544 Karma: 93383043 Join Date: Nov 2006 Location: UK Device: Kindle Oasis 2, iPad Pro 10.5", iPhone 6	Looking after the library is my job, so yes, you can trust me .

03-22-2014, 10:19 AM	#5
doubleshuffle Unicycle Daredevil Posts: 13,923 Karma: 185041098 Join Date: Jan 2011 Location: Planet of the Pudding Brains Device: Aura HD (R.I.P. After six years the USB socket died.) tolino shine 3	Great. What a relief!

03-22-2014, 10:27 AM	#6
pynch why in? Posts: 1,620 Karma: 28802432 Join Date: Apr 2012 Device: Sony PRS-350, Kobo Aura	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
HarryT eBook Enthusiast Posts: 85,544 Karma: 93383043 Join Date: Nov 2006 Location: UK Device: Kindle Oasis 2, iPad Pro 10.5", iPhone 6	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, 11:00 AM	#9
HarryT eBook Enthusiast Posts: 85,544 Karma: 93383043 Join Date: Nov 2006 Location: UK Device: Kindle Oasis 2, iPad Pro 10.5", iPhone 6	I think we'll need to do some further research on this.

03-26-2014, 01:44 PM	#13
Mike L Wizard Posts: 1,479 Karma: 3846231 Join Date: Apr 2009 Location: Edinburgh, Scotland Device: Kindle 3, Samsung Galaxy	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. Mike

03-26-2014, 03:51 PM	#15
pynch why in? Posts: 1,620 Karma: 28802432 Join Date: Apr 2012 Device: Sony PRS-350, Kobo Aura	So open a new thread? Or write me a private message?

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