|
The problem is that this is a legal gray area. There is no case law, either way, in Canada (that I am aware of). If someone has a few million to spare, then it would be easy to get this settled. Post Gone With The Wind on a Canadian server and let Margerat Mitchell's estate sue you in Canadian court (they will!). That's why it's not on MR, even though it is in Public Domain in Canada. No one has the money to fight it out in court, not the lack of courage...
Now apparently Austrailia has courts that look more askance of US copyright bullying, as Gone With the Wind is also PD in Austrailia and is posted on PG Austrailia, and has been for years. On the other hand, the US made Austrailia become a life + 70 country as part of a Free trade pact in 2006, ending the life + 50 for works starting with author's death in 1955...
|