Information about copyright rules: Difference between revisions
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This page has been deleted. Please see [[Copyright and Public Domain]]. |
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| The contents of this page are intended as '''helpful guidance only'''. No promise is made that it is free from error. Nothing here should be taken as legal advice, and nothing here guarantees that any particular text or class of texts is suitable for LibriVox or for distribution on the Internet in general. |
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For a literary work to be eligible for inclusion in the LibriVox catalogue, it must be in the public domain in the United States of America. It is also advised that it should be in the public domain in the country where the volunteer wishing to record it resides. |
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This page gives '''guidance''' on the copyright status of works from a number of countries, which is intended to help members identify recordings which are eligible for inclusion in the catalogue. |
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There are various minor loopholes and exception to rules when it comes to copyright law, so please be aware that what is below might not be the whole story in unusual cases. |
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== Things to note == |
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=== Determining the "country of origin" === |
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LibriVox primarily follows United States copyright law. This means that any literary work that was first published in the United States, or which was published in the United States within 30 days of its first publication in a Berne Covention or World Trade Organisation member country, should be considered to have originated in the United States for our purposes. This is true regardless of the nationality of the author. |
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Furthermore, a work should be considered to have originated in the United States if its author was a US national or was domiciled (residing ''on a permanent basis'') in the US at the time of the first publication of the work. This is true regardless of where the first publication took place. |
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If neither of these things apply, then the country of origin is the country where the author was a national or domciled at the time of first publication. |
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Where an author was a national of one country and domiciled in another (neither of which being the US), then the test is which country has the most "significant contacts" with the work (see 1.1.2, below). |
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====Multiple authors and "country of origin"==== |
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If a work has more than one author, and at least one of them was not a United States national or domiciled in the US at the time of first publication, then the country of origin is the country ''other than the US'' where a majority of the authors are nationals or domiciled. |
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If the country of origin remains unclear because there is no clear national majority among the authors, then the test is which country has the most "significant contacts" with the work (see 1.1.2, below). |
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===="Significant contacts"==== |
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"Significant contacts" is a matter of judgement, but it will most often be the country where the work was first published. If you are ever in a position where you feel you need to apply this test, please make the fact known to a member of LibriVox's admin team. |
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=== Rounding up to the New Year === |
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Copyright rules will often state that a work enters the public domain so many years after the death of the author, or so many years after publication. This normally means that the work will enter the public domain on 1st January of the ''year following'' the anniversary of that event. |
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For example: in the United Kingdom, copyright is generally spoken of as expiring "70 years after the death of an author". This really means: "at the beginning of the seventy-first year after the death of the author". George Orwell died on 21st January 1950. This means that his works will come into the public domain in the United Kingdom on 1st January 2021 (70 years after the beginning of the year following his death). |
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=== Anonymous works === |
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In the information below, reference may be made to works which are "anonymous". An anonymous work is one where the identity of the author has never been declared to the general public. The fact that the identity of the author of a work may be hard to ascertain does not necessarily make it "anonymous". |
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=== More than one author === |
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Where a work has more than one author, it is normal to think of them as ''joint owners''. |
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For example: science fiction author Arkady Strugatsky died in 1993. Under Russian law, his work will enter the public domain on 1st January 2064. |
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However, most of his work was written jointly with his brother, Boris Strugatsky, who is still alive. None of this work will enter the public domain is Russia until January 1st of the 71st year after Boris' death. |
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Where the authors are of different nationalities, please see 1.1.1, above. |
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=== Translations and adaptations === |
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The fact that the original version of a work is in the public domain does not mean that all versions of that work will follow suit. Translations and adapted/edited versions will normally carry a brand new copyright. |
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For example: the original German version of ''Die Verwandlung'' (''The Metamorphosis'') by Franz Kafka is in the public domain in the United States, since it was first published in 1916. However, the 2002 translation of the book into English by David Wyllie will remain copyrighted until 70 years after David Wyllie's death. |
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Similarly, William Shakespeare's play ''Romeo and Juliet'' is in the public domain in the United States. But the script for the 1996 film ''William Shakespeare's Romeo + Juliet'', which was adapted from the original by Craig Pearce and Baz Luhrmann, will remain copyrighted in the US until 70 years following the death of the longer surviving of the two. |
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=== Unpublished works === |
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There are specific rules governing the copyright of unpublished works, but it is not normal LibriVox policy to record unpublished works. |
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== Copyright guidance by country == |
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=== China === |
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''The following information relates specifically to mainland China. Rules may differ in Macau and Hong Kong.'' |
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Literary works of Chinese origin whose authors died on or before 31st December 1955 are in the public domain in the United States. |
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Literary works of Chinese origin first published on or before 31st December 1955, where the author is anonymous or the publication is posthumous, are in the public domain in the United States. |
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All literary works of Chinese origin first published on or before 31st December 1922 are in the public domain in the United States. |
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Literary works of any origin whose authors died 50 years ago or later (on or after 1st January 1959) are still under copyright in China. |
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Literary works of any origin first published 50 years ago or later (on or after 1st January 1959), where the author is anonymous or the publication is posthumous, are still under copyright in China. |
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All publications of the Chinese Government, including official translations, are in the public domain worldwide. |
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=== India === |
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Literary works of Indian origin whose authors died on or before 31st December 1935 are in the public domain in the United States. |
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Literary works of Indian origin first published on or before 31st December 1935, where the author is anonymous or the publication is posthumous, are in the public domain in the United States. |
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All literary works of Indian origin first published on or before 31st December 1922 are in the public domain in the United States. |
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Literary works of any origin whose authors died 60 years ago or later (on or after 1st January 1949) are still under copyright in India. |
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Literary works of any origin first published 60 years ago or later (on or after 1st January 1949), where the author is anonymous or the publication is posthumous, are still under copyright in India. |
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=== Poland === |
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Literary works of Polish origin whose authors died on or before 31st December 1968 are in the public domain in the United States. |
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Literary works of Polish origin first published on or before 31st December 1968, where the author is anonymous or the publication is posthumous, are in the public domain in the United States. |
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All literary works of Polish origin first published on or before 31st December 1922 are in the Public Domain in the United States. |
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Literary works of any origin whose authors died 70 years ago or later (on or after 1st January 1939) are probably still under copyright in Poland. |
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Literary works of any origin first published 70 years ago or later (on or after 1st January 1939), where the author is anonymous or the publication is posthumous, are probably still under copyright in Poland. |
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No new literary works of Polish origin will enter the public domain in the United States until 1st January 2039. |
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=== Russia === |
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Literary works of Russian origin whose authors died on or before 31st December 1952 are in the public domain in the United States. |
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Literary works of Russian origin first published on or before 31st December 1952, where the author is anonymous or the publication is posthumous, are in the public domain in the United States. |
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All literary works of Russian origin first published on of before 31st December 1922 are in the Public Domain in the United States. |
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Publications of the Russian Government (or the Government of the Union of Soviet Socialist Republics) are not subject to copyright. |
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=== United Kingdom === |
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Literary works of United Kingdom origin first published on or before 31st December 1922 are in the public domain in the United States. |
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Literary works of any origin whose authors died 70 years ago or later (on or after 1st January 1939) are still under copyright in the United Kingdom. |
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Literary works of any origin first published 70 years ago or later (on or after 1st January 1939), where the author is anonymous or the publication is posthumous, are still under copyright in the United Kingdom. |
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Works first published in the United Kingdom by a Crown Body 50 years ago or later (on or before 31st December 1958) are in the public domain worldwide. This includes UK legislation, words spoken in the UK Houses of Parliament and official reports of the UK Government. |
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The King James Bible is not in the public domain in the United Kingdom. |
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=== United States === |
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Literary works of United States origin first published on or before 31st December 1922 are in the public domain in the United States. |
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Literary works of United States origin first published on or before 31st December 1977 without a valid copyright notice are in the public domain in the United States. A valid copyright notice should include: 1) the word "copyright", the abbreviation "copr" or the "©" symbol; 2) the name of the copyright holder; 3) the year of copyright. |
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Literary works of United States origin first published on or after 1st January 1978 but on or before 28th February 1989 without a valid copyright notice are in the public domain in the United States, unless their copyrights were registered with the Library of Congress within five years of first publication. |
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Literary works of United States origin first published on or before 31st December 1964 are in the public domain in the United States, unless their copyrights were renewed with the Library of Congress during the 28th year after first publication. |
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Works of the US Federal Government, including Government agencies and Federal courts, are not subject to copyright, although works of State governments may be. |
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Latest revision as of 17:22, 9 March 2014
This page has been deleted. Please see Copyright and Public Domain.
