I have a doubt about copyright (nothing to do with all the discussion between the Russians…). I would like to share an Italian novel written in 1904. This novel is public domain in the USA because it was written before 1923. However, it is not public domain in Italy because its author, Pirandello, died in 1936 and the copyright will expire 76 years and 8 months after his death (1994 Trips agreement).
The Italian audio version of the novel is shared on Librivox, because Librivox obeys to US laws. Considering that LingQ is a US-based site, am I allowed to share this novel or not (since I’m Italian)?
Thanks to those who will be able to answer,
Well I don’t know the answer necessarily.
But the obvious solution is to get one of your American friends to upload it, or isn’t it?
I went to school with one of Germany’s specialists in copyright-law. She’s the queen of audiobooks. Unfortunately, I haven’t seen her for 50 years, so I’m not much use to you. Heikedine, if you are there?
I also wonder whether the original version of a novel published outside the USA and still under copyright in the country of origin can be considered public domain in the USA or anywhere else. Maybe at Librivox they weren’t aware of the special copyright extension for a few Italian authors including Pirandello.
Maybe they have to make sure that this content is not available in these countries?
Look at YouTube: you often get the message “This video is not available in your region”.
I think the answer has to come from an expert. Or you should explore the forums on Librivox. I remember that the Librivox members are interested in the copyright issue when I read some German posts there.
Copyright law can be a bit of a minefield.
Here in the UK there is something called “fair use”. As I understand it, this means that it is okay to make use of limited and unconnected passages from copyrighted materials. For example, people like critics or literary scholars are allowed to quote from the works they are discussing without breaching the copyright - even though they may be indirectly making money by using the quotations. Likewise teachers are allowed to make limited copies for classroom use.
I have often wondered whether we would be allowed to upload to LingQ readings of LIMITED passages from novels which are still in copyright?
In theory this may very well be covered by “fair use” within an educational context - but I just don’t know.
We don’t really know what to tell you. My inclination would be to share it since we are based in Canada and our server is in States. If somebody has a problem, they can always explain why there is a copyright infringement and ask you to take it down.
Thanks for your suggestion, Mark. I think I will follow it. After all, LiberLiber.it, the ebook-sharing website I imported some collections from, has published Pirandello’s works and I doubt the Italian Society of Authors and Publishers will ever get to know about LingQ.