This is on the front page of Project Gutenberg.
Quote:
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Our ebooks are free in the United States because their copyright has expired. They may not be free of copyright in other countries. Readers outside of the United States must check the copyright laws of their countries before downloading or redistributing our ebooks. We also have a number of copyrighted titles, for which the copyright holder has given permission for unlimited non-commercial worldwide use.
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I think that answers question 1. You should check if it's PD for you and not download it if it's not.