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Old 02-25-2014, 01:49 AM   #1
jayajha
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Question Copyright laws to be followed?

Hi,

From gleaning around the forum, I have figured out certain things. But would really appreciate the clarifications.
  1. If I am downloading a book, it needs to be out of copyright in my country of residence. Is the same true for upload too? If I am in India, can I upload something that is out of copyright in US or Canada, but not in India?
  2. I also saw some discussions on server location. So, can we only upload the e-books which are out of copyright in the countries where these servers are located? If so, which countries are the servers located in?
  3. If both the above points hold good, then I am restricted to uploading e-books, which are out of copyright in my country as well as in one of the server locations. Is that so?

Thanks in advance for the help.

Regards
Jaya
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Old 02-25-2014, 02:20 AM   #2
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You are only allowed to upload books that comply with the Swiss copyright law. This means more or less that the author (and translater and cover-designer ..., if there is one) must be dead 70 years or longer, or put it otherwise, must have died in 1943 or before.
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Old 02-25-2014, 02:28 AM   #3
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You are only allowed to upload books that comply with the Swiss copyright law. This means more or less that the author (and translater and cover-designer ..., if there is one) must be dead 70 years or longer, or put it otherwise, must have died in 1943 or before.
Why Swiss? The server is in Canada, and I don't think anyone can upload books which are illegal for them to own, just because they are sharing it where it is legal, but that should just mean you must comply with both your home country's laws and that of the server.


@jayajha I'm pretty sure the answer is #3. Although if you follow #2 no one will ever know.
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Old 02-25-2014, 02:35 AM   #4
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You are right, the server is in Canada. But the owner of this forum, Alexander Turcic, lives in Switzerland, and this is the law that is now to observe. I assume that there have been some legal hassles "behind the door".

The change from Canadian to Swiss copyright came in the beginning of 2013.

Last edited by Billi; 02-25-2014 at 02:40 AM.
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Old 02-25-2014, 02:42 AM   #5
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You are right, the server is in Canada. But the owner of this forum, Alexander Turcic, lives in Switzerland, and this is the law that is now to observe. I assume that there have been some legal hassles "behind the door".
Ah here it is!: http://www.mobileread.com/forums/faq...ing_guidelines

Quote:
8. Links, Uploads, Copyright and DRM

Links to sites that violate copyright are forbidden and will be deleted. URL shortening services may not be used.

MobileRead does not condone or support the use of this web site to break the law. This means that we will not allow posting of instructions showing someone how to break the law, requests for such instructions, nor uploads or links to items that have the sole purpose of breaking the law.

EBooks uploaded to this site must be in the "life+70" public domain. This means that the author (or translator) of the book must have died at least 70 years before the start of the current year. It is up to the individual to determine whether any particular eBook on MobileRead is legal to download in their country.

It is our policy that while DRM removal may be discussed in the abstract, providing detailed how-to instructions, uploading of DRM-removal tools, or linking to sites where these tools or detailed instructions are provided is forbidden at MobileRead.

Further information on our policy on copyright, uploads and DRM can be found here.
But here: MobileRead#Policy
it says:

Quote:
MobileRead does not condone or support the use of this web site to break the law. This means that, to the extent possible, we will not allow posting of instructions showing someone how to break the law or requests for such instructions.

In particular items that break copyright law or DRM cannot be supported. eBooks posted to this site must be legally posted using applicable law and permissions.

Laws certainly vary between countries and something may be perfectly lawful in one country while being unlawful in another. MobileRead moderators are not legal lawyers or policemen so it is up to the individual to determine if they can download an eBook or make use of forum or wiki content. In general items in this site will conform to the laws of the hosting country, Canada, however it is recognized that forum members live all over the world. Note that a second server in the USA is available for eBooks that are in the public domain for USA but not in Canada.

In some cases a particular piece of software being discussed may serve multiple uses which might include unlawful use. It is not MobileRead's practice to assume that such software will be used unlawfully if it has a lawful use. Again the individual user will need to know the law where they live.

This should not be construed to limit discussion on these topics, although MobileRead reserves the right to limit discussion that is outside the realm of good taste or uses foul or hateful language.
So color me confused. I guess the Wiki is out of date?
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Old 02-25-2014, 02:47 AM   #6
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The wiki contains the former regulations. Now it is strictly "70+" whereever the uploader lives.
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Old 02-25-2014, 11:50 AM   #7
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Correct. Life+70 only.
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Old 02-25-2014, 08:30 PM   #8
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Thanks folks. Life+70, it will be, then. In India, where I live, it is Life+60. So, I would be safe either way.
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Old 02-27-2014, 06:38 AM   #9
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Don't feel bad about this subject. There are attorneys that do nothing but make their living trying to figure this out, especially in the US. Here it is more restrictive than anyplace else, except for books published before 1923, except where the copyright was not renewed, except where the author is foreign and it is covered by the Berne Convention.............
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Old 03-24-2014, 04:23 PM   #10
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In the April book club thread, there's mention of a change:
Quote:
Originally Posted by WT Sharpe View Post
As the servers that house the library are going to be moving to the U.S. soon, we'll have to be compliant with U.S. copyright law as well.
Is that correct?
And if so, does it mean that all books have to follow both US and Swiss laws, so the end result is the worst from both worlds?
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Old 03-24-2014, 04:28 PM   #11
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Quote:
Originally Posted by hildea View Post
In the April book club thread, there's mention of a change:

Is that correct?
And if so, does it mean that all books have to follow both US and Swiss laws, so the end result is the worst from both worlds?
No, that was an error. The MobileRead library is moving to strictly life+70.
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