According to Joyce foundation “all works published during his lifetime are in the public domain” [in the EU, UK and Ireland. ] https://joycefoundation.utulsa.edu/joyce-copyright/joyce-works-copyright-public-domain/
apparently this is a URAA item https://commons.wikimedia.org/wiki/Commons:URAA-restored_copyrights i do not see that it has ever been deleted on commons. however "*YES. URAA cannot be used as the sole reason for deletion."* https://commons.wikimedia.org/wiki/Commons:Massive_restoration_of_deleted_images_by_the_URAA here it is a internet archive https://archive.org/details/in.ernet.dli.2015.463592/page/n3/mode/2up so a bold individual, might well defy precautionary principle and upload expect a deletion nomination in response. jim hayes On Thu, Jun 2, 2022 at 10:03 AM Nicolas VIGNERON <[email protected]> wrote: > Hi, > > Some explanations/clarifications here : > - applicable law is a millennia old unsolved nightmare, but to make it > short, both US and local laws are applicable on Wikimedia Commons. > - when you say "Finnegans Wake by James Joyce", what are you talking > about exactly? There are a lot of editions, with a lot of > corresponding copyright (and I would say that some - if not most - of > them are already public domain in both the local country and US). Who > is the translator? What is the publication date in the US? Was there a > copyright notice? > - "internet barrier" is indeed not possible (hence my first point) > - "a German subsidiary legal entity" (or any/all other countries) has > already been discussed many times, in the end it's just not feasible > (see previous point) nor realistic (US law is probably still > applicable anyway). > > PS: in any case, it will clearly be public domain in the US in 2035, > which is quite soon (we have files marked to undelete as far as 2160 > on Commons/Wikisource ;) ) and there is a lot more other work to > transcribe on Wikisource meanwhile. > > Cheers, > Nicolas > > > > Le mer. 1 juin 2022 à 21:56, J Hayes <[email protected]> a écrit : > > > > Yes, there was a wikilivres project in Canada (pma +50) but it fizzled > out. > > There have also been attempts to have a local EDP or “fair use” of the > lesser term, but that would be up to the local wikisource community. > (English has resisted this) > > Other institutions have transcription efforts not constrained by commons > copyright rules. For example, transcribed si.org > > Sorry about that > > Jim hayes > > > > On Wed, Jun 1, 2022 at 10:05 AM Julius Hamilton < > [email protected]> wrote: > >> > >> Hey, > >> > >> From what I understand WikiSource’s servers are located in the US and > must therefore follow US Copyright. > >> > >> I would like a much deeper understanding of how copyright is upheld > online since it’s so easy to access “foreign” websites, of course. > >> > >> I would like to upload a book - Finnegans Wake by James Joyce - to > WikiSource. It’s out of copyright in Europe but on the US, because they > have different copyright lengths. > >> > >> If we assume US copyright law applying to servers physically located in > the US, that much makes sense. But is there a law that people in the US > cannot access those same materials on foreign servers where they are not > copyrighted? If that’s actually a law, how do they enforce that? They would > need to stick up some kind of internet barrier, internet censorship. Is > that legal? How could they achieve it? Wouldn’t they basically have to get > internet service providers to block a certain domain or something? So… the > government would say, “We heard foreign site X is serving copyrighted > material to American citizens; block that site for all Americans”? And then > the foreign site would respond (to get unblocked) by checking the location > of whoever’s requesting their webpage and probably specifically limit > content depending on region, to comply with the government? (In which case > the user could use a VPN.) > >> > >> What about where a company is registered? > >> > >> Can Wikisource.de - if it’s actually hosted in Germany - host Finnegans > Wake even if Wikisource is perhaps trademarked in the US or something? > >> > >> Does the law work that way, that a company registered in one country is > responsible for complying with copyright law internationally? (I assume so, > it sounds likely). > >> > >> Anyway: if we cannot host Finnegans Wake on Wikisource.de, is there any > good workaround? Wikipedia is a very international phenomenon, it would be > too bad if it only were ruled by American law. Can’t we create a German > subsidiary legal entity for it or something? > >> > >> Thanks very much, > >> Julius > >> > >> > >> > >> > >> _______________________________________________ > >> Wikisource-l mailing list -- [email protected] > >> To unsubscribe send an email to [email protected] > > > > _______________________________________________ > > Wikisource-l mailing list -- [email protected] > > To unsubscribe send an email to [email protected] > _______________________________________________ > Wikisource-l mailing list -- [email protected] > To unsubscribe send an email to [email protected] >
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