Copyright (yes, again): When is it breached? - Page 3

HarryT · 07-09-2012, 06:59 AM

Quote:

Originally Posted by peegee

That is an over-simplification. For example, translations count as original adaptations, so if the author did not write the original work in English, the translator must also be considered before the work can be classed as out-of-copyright.

What you say is absolutely true but, in the case of a translation, it's purely the date of death of the translator that counts for copyright purposes, so it doesn't really change anything. The translator is the "author" for copyright purposes.

pdurrant · 07-09-2012, 07:00 AM

Quote:

Originally Posted by HarryT

What you say is absolutely true but, in the case of a translation, it's purely the date of death of the translator that counts for copyright purposes, so it doesn't really change anything. The translator is the "author" for copyright purposes.

Death of the translator AND the death of the original author. A translation doesn't go out of copyright until 70 years after the later death.

HarryT · 07-09-2012, 07:13 AM

Quote:

Originally Posted by pdurrant

Death of the translator AND the death of the original author. A translation doesn't go out of copyright until 70 years after the later death.

Are you sure? I was under the impression that it was only the date of death of the translator that was considered. Happy to be corrected if I'm wrong

.

pdurrant · 07-09-2012, 07:51 AM

Quote:

Originally Posted by HarryT

Are you sure? I was under the impression that it was only the date of death of the translator that was considered. Happy to be corrected if I'm wrong

.

I'm sure, but I haven't found a reference yet. For it to be otherwise would be absurd. (OK, copyright laws are often absurd, but not this absurd.)

HarryT · 07-09-2012, 07:59 AM

Quote:

Originally Posted by pdurrant

I'm sure, but I haven't found a reference yet. For it to be otherwise would be absurd. (OK, copyright laws are often absurd, but not this absurd.)

A translation is a "derived work" in copyright terms. So what the question really boils down to is this: if someone produces an (authorised) derived work (eg writes an authorised sequel to a copyrighted work), does the date at which that derived work enters the public domain depend solely on the date of death of its author, or also on the date of death of the author of the original work? My understanding is that it's the former.

Billi · 07-09-2012, 08:06 AM

At least in Germany it is the latter. Translated works only enter the public domain after both the author and the translater have been dead for 70 years.

HarryT · 07-09-2012, 08:08 AM

Thanks, Billi. That would suggest that it's more than likely the same in the UK, since EU copyright law is pretty uniform. I stand corrected on the matter.

Shaggy · 07-09-2012, 05:10 PM

If you are in the UK, can you buy a physical book from a US bookstore that is selling it as public domain (assuming it's still copyrighted in the UK)?

HarryT · 07-09-2012, 05:16 PM

Quote:

Originally Posted by Shaggy

If you are in the UK, can you buy a physical book from a US bookstore that is selling it as public domain (assuming it's still copyrighted in the UK)?

Yes, that's no problem, because legally the point of sale is considered to be the US bookstore. For some strange legal reason, though, that doesn't apply to an ebook, where the point of sale is regarded as the buyer's computer.

DrNefario · 07-09-2012, 05:20 PM

Yes, I guess it's where you make the copy that matters, and it's the publisher in the US making the copy for a printed book.

Shaggy · 07-09-2012, 05:34 PM

Quote:

Originally Posted by HarryT

Yes, that's no problem, because legally the point of sale is considered to be the US bookstore. For some strange legal reason, though, that doesn't apply to an ebook, where the point of sale is regarded as the buyer's computer.

Technology turned it into a global market, but the old business model required otherwise. So, laws get written to "fix" that problem.

Anabana · 07-09-2012, 10:00 PM

So, if I downloaded books from PG, loaded them onto a CD and sent them as a gift to a friend in UK, neither of us would be infringing on copyright?

HarryT · 07-10-2012, 01:26 AM

Quote:

Originally Posted by Anabana

So, if I downloaded books from PG, loaded them onto a CD and sent them as a gift to a friend in UK, neither of us would be infringing on copyright?

That's right, yes, although in reality I think the "wrongness" of downloading something that's in the PD in the US but not the UK, or vice versa, is so minimal that nobody's going to be fussed about it.

DarkScribe · 07-10-2012, 01:43 AM

Quote:

Originally Posted by Anabana

So, if I downloaded books from PG, loaded them onto a CD and sent them as a gift to a friend in UK, neither of us would be infringing on copyright?

I have some of the Project Gutenberg DVDs and on the label it states: "Please distribute but do not sell". The DVDs were free, the only cost was postage and packaging. It was au$10 for three of them. They total around 50,000 eBooks.

Lynx-lynx · 07-10-2012, 05:20 AM

Darkscribe that's interesting info!!

Are they decent enough quality to read?

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07-09-2012, 08:06 AM	#36
Billi Wizard Posts: 3,388 Karma: 14190103 Join Date: Jun 2009 Location: Berlin Device: Cybook, iRex, PB, Onyx	At least in Germany it is the latter. Translated works only enter the public domain after both the author and the translater have been dead for 70 years.

07-09-2012, 08:08 AM	#37
HarryT eBook Enthusiast Posts: 85,544 Karma: 93383099 Join Date: Nov 2006 Location: UK Device: Kindle Oasis 2, iPad Pro 10.5", iPhone 6	Thanks, Billi. That would suggest that it's more than likely the same in the UK, since EU copyright law is pretty uniform. I stand corrected on the matter.

07-09-2012, 05:10 PM	#38
Shaggy Wizard Posts: 4,293 Karma: 529619 Join Date: May 2007 Device: iRex iLiad, DR800SG	If you are in the UK, can you buy a physical book from a US bookstore that is selling it as public domain (assuming it's still copyrighted in the UK)?

07-09-2012, 05:20 PM	#40
DrNefario Wizard Posts: 2,189 Karma: 12000000 Join Date: Jan 2012 Location: UK Device: Kindle, Kobo Touch, Nook SimpleTouch	Yes, I guess it's where you make the copy that matters, and it's the publisher in the US making the copy for a printed book.

07-09-2012, 10:00 PM	#42
Anabana Zealot Posts: 109 Karma: 2735606 Join Date: Feb 2011 Location: San Diego, CA Device: Kindle Paperwhite, Kindle Fire 7" & 10"; 11"(?)-12" Lenovo laptop	So, if I downloaded books from PG, loaded them onto a CD and sent them as a gift to a friend in UK, neither of us would be infringing on copyright?

07-10-2012, 05:20 AM	#45
Lynx-lynx Treachery of images ... Posts: 4,113 Karma: 92523791 Join Date: May 2012 Location: Australia Device: Sony 650, Kobo Glo, H2O, Aura One, Forma, Libra 2, Libra Colour	Darkscribe that's interesting info!! Are they decent enough quality to read?

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