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Wikilivres:Possible copyright violations

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English:
Please add here possible copyright violations in Canada. Wikilivres:Delete.

(Français)  Ajoutez ici des violations possibles du droit d’auteur au Canada.

(简体中文)  请在此加入在加拿大可能的侵犯版权。

(正(繁)體中文)  請在此加入在加拿大可能的侵犯版權。


Contents

2009

2010

Letters from the Earth

  • Letters from the Earth was posthumously published in 1962 whose author Mark Twain died in 1910. It will remain copyrighted in Canada through 2012.--Jusjih 02:53, 12 May 2010 (UTC)
I'm not quite sure: how many years are these works (in fact: editio princeps) protected? I thought 25 years after the publishing - ? -jkb- 05:48, 12 May 2010 (UTC) - - - Just a moment, it is not the edition princeps. Sorry. -jkb- 06:02, 12 May 2010 (UTC) - - - It's a bit complicated. The Canadian law seems to be quite different from the "editio princeps" law in European Union (see en.wp:Publication right). -jkb- 06:16, 12 May 2010 (UTC)
That was posthumously published in 1962 in the USA with copyright renewed there, so it will remain copyrighted in the USA through 2057, thus Canadian law applies here with no rule of the shorter term applicable. The Canadian posthumous copyright is very different from the European Union. Help:Public domain suggests that pre-1997 posthumous works are copyrighted for 50 years since publication til year end. Then 1962+50= 2012. If no permission in Canada, just wait for about 31 months then this work can be hosted here again. See also en.ws:Wikisource:Possible_copyright_violations/Archives/2009-12#Letters_from_the_Earth.--Jusjih 01:52, 13 May 2010 (UTC)
OK, I deleted this page. It could be undeleted in 2013. Yann 14:14, 16 May 2010 (UTC)

Je voudrais pas crever

Yes you are right, but I am not entirely agree. The poems of Boris Vian were also songs that were publicly widely performed by himself (and others)[Jv 1] in his lifetime. A public performance normally means a publication see here :
“Publication” is the distribution of copies or phonorecords of a work to the public by sale or other transfer of ownership, or by rental, lease, or lending. The offering to distribute copies or phonorecords to a group of persons for purposes of further distribution, public performance, or public display, constitutes publication. A public performance or display of a work does not of itself constitute publication.
To perform or display a work “publicly” means —
(1) to perform or display it at a place open to the public or at any place where a substantial number of persons outside of a normal circle of a family and its social acquaintances is gathered; or
(2) to transmit or otherwise communicate a performance or display of the work to a place specified by clause (1) or to the public, by means of any device or process, whether the members of the public capable of receiving the performance or display receive it in the same place or in separate places and at the same time or at different times.
Dmitrismirnov 09:56, 14 May 2010 (UTC)
  1. The influence of Je voudrais pas crever The book has proven inspirational for many French artists, especially singers. Serge Reggiani, one of the most influential French chansonniers of the 1960s, sang Boris Vian songs and also recorded Je voudrais pas crever.


Concerning the Canadian law it would probably be good to find the difference between public performance and performer's performance as discussed here. I'm really not sure about this. -jkb- 10:59, 14 May 2010 (UTC)

Structure of knowledge (Kouznetsov)

Hello, I wonder why this would be in the public domain in Canada. Any idea? Yann 11:47, 2 July 2010 (UTC)

Neither the English source nor the Russian one say something about PD or CC, thus copyrighted, I guess. -jkb- 23:29, 2 July 2010 (UTC)
http://www.ils.uec.ac.jp/~dima/PAPERS/ cites
http://www.ils.uec.ac.jp/~dima/PAPERS/2010mestoelic.txt that reads:

By this document I confirm that I know that my article entitled
"Place of science in the human knowledge"
currently posted at
http://www.ils.uec.ac.jp/~dima/PAPERS/2010mestoe.pdf
is used in the derivative works
"Knowledge" posted at http://en.citizendium.org/wiki/Knowledge
and
"Structure of knowledge"
http://wikilivres.info/wiki/Structure_of_knowledge_%28Kouznetsov%29
and I allow its free use and modification while the original
source and the authorship are attributed.
2010 July 1, Dmirtrii Kouznetsov.

This allows not only to keep (and mofidy) the English version discucced, but also to load the Russian version. Domitori 02:14, 3 July 2010 (UTC)
OK. But: the source given here in Wikilivres (...2010mestoe.pdf) gives no hints on the matter (and that was why this question arosed here), further, the copy in Wikilivres and in the source (...2010mestoe.pdf - which is copyrighted) is not identical (thus should not be given here as source); the two sources given in ...2010mestoelic.txt are Wikilivres and en.citizendium.org, so that the source given in Wikilivres should probably be en.citizendium.org (if they are identical); the licence in Wikilivres should be notified (although I do not know if we use copyleft or something similar like GFDL or CC-BY-...), then it will be OK. -jkb- 08:21, 3 July 2010 (UTC)
I think, any of GFDL, CC-BY-... is suitable for wikilivres; but where to put it, to the main text? Domitori 10:42, 5 July 2010 (UTC)
Probably CC-BY-SA would be OK. But first this should be cleared: what is the source of the text published now in Wikilivres? As far as I can see this is the only one derivated version, even the another "free" text on http://en.citizendium.org/wiki/Knowledge differs from the text here. The source that is given now (http://www.ils.uec.ac.jp/~dima/PAPERS/2010mestoe.pdf) cannot be a source as the text there differs much more from that one here and more over - the text is copyrighted. The problem is: Wikilivres cannot be the source for Wikilivres :-)... Might be somebody else will help here with a opinion - can Wikilivres publish a not formerly published derivated text although the author allows it?? Let us wait a bit, -jkb- 11:54, 5 July 2010 (UTC)

边城

Written in 1934 by an author who died in 1988 without copyright permission, along with 边城/卷00, 边城/卷01, 边城/卷02, 边城/卷03, 边城/卷04, 边城/卷05, 边城/卷06, 边城/卷07, 边城/卷08. I asked the contributor for any proof of licensing.--Jusjih 23:28, 5 July 2010 (UTC)

  • Deleted all.--Jusjih 22:04, 1 August 2010 (UTC)

Les Montagnes hallucinées

Jacques Papy est né en 1908, et était actif dans les années 60. Marc 11:06, 4 December 2010 (UTC)

http://lccn.loc.gov/74860963 suggests that he was still active in 1970. Thus Papy's work will not be in the public domain before 2021, and it could be later. Eclecticology 02:12, 31 December 2010 (UTC)
Yes, we have to delete this work. Yann 05:48, 31 December 2010 (UTC)

2011

All works tagged Template:宣言 and Template:中国大陆宣言

These Chinese "public" manifestos are without evident copyright licenses while many Chinese users disrespect copyright laws. Even English Wikisource strictly controls what can be brought here and tagged Template:Manifesto. I am holding a remote discussion at zh.ws:Wikisource:加拿大Wikilivres#遙控提刪.--Jusjih 02:19, 3 January 2011 (UTC)

La Ferme des animaux

Traduit par Jean Queval (1913-1990). Marc 06:54, 17 April 2011 (EDT)

Delete if no copyright permission for the French translation.--Jusjih 13:18, 20 April 2011 (EDT)
Oh bad! Where did you find this information? Yann 11:55, 26 April 2011 (EDT)
I have a french edition of this book and the text is the same. See wikipedia for fr.wp:Jean Queval. ebooksgratuits is not always reliable and it seems 1984 must be deleted too. Marc 04:31, 27 April 2011 (EDT)
Deleted. For 1984, I could find the translator's date of death, so I would keep it unless the editor complains. Yann 15:55, 6 May 2011 (EDT)

Anna Akhmatova

Morte en 1966. Placer ses traductions sous licence creative commons pourrait bien aussi être un abus. Marc 09:13, 17 April 2011 (EDT)

I do not think that we need to delete this page completely. There are plenty of her work written and published before 1933. What about these? and in 5 years she will be PD Canada...Dmitrismirnov 13:09, 17 April 2011 (EDT)
I don’t understand what you mean by « before 1933 ». It seems to me that it is forbiden to publish here works of authors died since less than 50 years. Marc
Sorry, I mean "published before 1st of January 1923" - that is in PD in USA Dmitrismirnov 07:12, 19 April 2011 (EDT)
These texts must be deleted and published on wikisource, in this case. Marc 06:48, 20 April 2011 (EDT)
Yes, it would be possible to publish such texts in English on English Wikisource. However we can't publish these Russian texts on Russian wikisource, because Russian wikisource follows the law of Russian Federation that differs from the US law. They do not accept "published before 1st of January 1923" as PD. But here in Wikilivres, as I think, it is possible. And we have to ask Yann for his opinion on this matter. Dmitrismirnov 10:16, 20 April 2011 (EDT)
This is too bad that we can’t publish these texts on Russian wikisource. But it is impossible to publish here authors who died since less than 50 years, because Canadian laws are the rules we must follow on Wikilivres. Marc 06:21, 22 April 2011 (EDT)
Pre-1917 works published in Russia are not protected under Canadian copyright since Russian empire was not a "treaty country" (see article 5. (1) of the Copyright Act and commons:Template:PD-RusEmpire). --M5 16:37, 22 April 2011 (EDT)
Well, works published before 1917 must be published on Wikisource. But we are talking about authors who died after 1960 ; they have often published between 1917 and 1960... Marc 03:31, 23 April 2011 (EDT)
Akhmatova's first three books were published before 1917. Therefore we should keep the author's page and remove only post-1917 works. --M5 05:24, 23 April 2011 (EDT)
Ok, then, we should do that. Marc 04:58, 24 April 2011 (EDT)


Herbert M. Shelton, 1895-1985 Герберт Шелтон. Ортотрофия: основы правильного питания

This is a double breach of rights of the author and translator: Russian publication 1992. (Ортотрофия : Основы правильного питания /Пер. с англ. и предисл. Л. Владимирского.— М. : Мол. гвардия, 1992. — 351 [1] с, ил.—) Dmitrismirnov 08:48, 23 May 2011 (EDT)

Deleted. Yann 15:22, 13 September 2011 (EDT)
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