Project:The copyright status of Wittgenstein’s works: Difference between revisions

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What does it mean, then, to lawfully share out-of-copyright content on the web? Should we wait until the content is out of copyright according to the laws of every last country on Earth? This would clash with the principle, stated above, that the public’s right to access public domain works should not be limited beyond what a given legislation already does. Should we consider it enough for the copyright term to have expired in the country where the website is based, even though the location of the servers or the legal registration may be immaterial as far as the location of the audience is concerned? This would expose the site to the risk of being considered a pirate website, and therefore being blocked, in counties that have a longer copyright term.<ref>The website of {{plainlink|[http://gutenberg.org/ Project Gutenberg]}}, for example, is currently inaccessible in Italy and, for a limited period of time, it was inaccessible in Germany: the site was blocked by local authorities because, among many others, it featured works that were in the public domain in the United States but not in Europe.</ref>
What does it mean, then, to lawfully share out-of-copyright content on the web? Should we wait until the content is out of copyright according to the laws of every last country on Earth? This would clash with the principle, stated above, that the public’s right to access public domain works should not be limited beyond what a given legislation already does. Should we consider it enough for the copyright term to have expired in the country where the website is based, even though the location of the servers or the legal registration may be immaterial as far as the location of the audience is concerned? This would expose the site to the risk of being considered a pirate website, and therefore being blocked, in counties that have a longer copyright term.<ref>The website of {{plainlink|[http://gutenberg.org/ Project Gutenberg]}}, for example, is currently inaccessible in Italy and, for a limited period of time, it was inaccessible in Germany: the site was blocked by local authorities because, among many others, it featured works that were in the public domain in the United States but not in Europe.</ref>


There is no definite answer to this question, precisely because there is no international treaty with provisions that take into account the contemporary state of information technology. A viable solution, however, is that of respecting two requirements while publishing works on the internet: for them to be free in the country where the site is located and in their country of origin.
There is no definite answer to this question, precisely because there is no international treaty with provisions that take into account the contemporary state of information technology. A viable solution, however, is that of respecting two requirements while publishing works on the internet: for them to be in the public domain, or at least (with reference to the relevant cases, the difference will be discussed in § The copyright status of Wittgenstein’s individual works) legally reusable ''in the country where the website is located and in their country of origin''.


This is, for example, the policy of Wikimedia projects,<ref>For a rich overview of the policy adopted on Wikimedia Commons, the Wikimedia repository of images, scanned texts and other multimedia files, see the {{plainlinks|[https://commons.wikimedia.org/wiki/Commons:Copyright_rules_by_territory Copyright rules by territory] page.}}</ref> which have earned a very respectable position among those who are trying to challenge the traditional closed culture system while abiding by its rules.
This is, for example, the policy of Wikimedia projects,<ref>For a rich overview of the policy adopted on Wikimedia Commons, the Wikimedia repository of images, scanned texts and other multimedia files, see the {{plainlinks|[https://commons.wikimedia.org/wiki/Commons:Copyright_rules_by_territory Copyright rules by territory] page.}}</ref> which have earned a very respectable position among those who are trying to challenge the traditional closed culture system while abiding by its rules.
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* Attribution – NoDerivatives (CC BY-ND): the work can be used for all purposes, but it cannot be remixed; the author must be credited;
* Attribution – NoDerivatives (CC BY-ND): the work can be used for all purposes, but it cannot be remixed; the author must be credited;
* Attribution – NonCommercial – NoDerivatives (CC BY-NC-ND): the work can be used for non-commercial purposes, but it cannot be remixed; the author must be credited.
* Attribution – NonCommercial – NoDerivatives (CC BY-NC-ND): the work can be used for non-commercial purposes, but it cannot be remixed; the author must be credited.
Creative Commons Attribution and Attribution – ShareAlike are consiered “free” licences because they allow reusing the work for any purpose, including commercially, and remixing it; in this sense, the other licences are “non-free”, even though they still allow reusing the work and, in some cases, remixing it under stricter conditions.


== The copyright status of Wittgenstein’s individual works ==
== The copyright status of Wittgenstein’s individual works ==
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=== Review of P. Coffey, “The Science of Logic” ===
=== Review of P. Coffey, “The Science of Logic” ===
The ''Review of P. Coffey, “The Science of Logic”'' was first published in the UK in the English journal ''The Cambridge Review'', vol. 34, no. 853, 6 Mar. 1913, p. 351.
The ''Review of P. Coffey, “The Science of Logic”'' was first published in the British journal ''The Cambridge Review'', vol. 34, no. 853, 6 Mar. 1913, p. 351.


Its country of origin is the United Kingdom. This work is in the public domain there because the copyright term for literary works in the UK is 70 years P.M.A. and the author died before 1952.
Its country of origin is the United Kingdom. This work is in the public domain there because the copyright term for literary works in the UK is 70 years P.M.A. and the author died before 1952.
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=== Tagebücher 1914-1916 ===
=== Tagebücher 1914-1916 ===
The ''Tagebücher 1914-1916'' were first published in Germany in the volume ''Tractatus logico-philosophicus. Tagebücher 1914-1916. Philosophische Untersuchungen'', Suhrkamp, Frankfurt am Main 1960, pp. 85-278.
The ''Tagebücher 1914-1916'' were first published in Germany in the volume ''Schriften (Band 1. Tractatus logico-philosophicus. Tagebücher 1914-1916. Philosophische Untersuchungen)'', edited by G.E.M. Anscombe and G.H. von Wright, Suhrkamp, Frankfurt am Main 1960, pp. 85–278.


Their country of origin is Germany. This work is in the public domain there, as well as in Italy, because the copyright term for literary works in both countries is 70 years P.M.A. and the author died before 1952.
Their country of origin is Germany. This work is in the public domain there, as well as in Italy, because the copyright term for literary works in both countries is 70 years P.M.A. and the author died before 1952.


=== Logisch-philosophische Abhandlung ===
=== Logisch-philosophische Abhandlung ===
The ''Logisch-philosophische Abhanlung'' was first published in Germany in the journal ''Annalen der Naturphilosophie'', no. 14, 1921, pp. 185-262.
The ''Logisch-philosophische Abhanlung'' was first published in Germany in the journal ''Annalen der Naturphilosophie'', no. 14, 1921, pp. 185–262.


Its country of origin is Germany. This work is in the public domain there, as well as in Italy, because the copyright term for literary works in both countries is 70 years P.M.A. and the author died before 1952.
Its country of origin is Germany. This work is in the public domain there, as well as in Italy, because the copyright term for literary works in both countries is 70 years P.M.A. and the author died before 1952.
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=== Notes Dictated to G.E. Moore in Norway ===
=== Notes Dictated to G.E. Moore in Norway ===
„Aufzeichnungen, die G. E. Moore in Norwegen nach Diktat niederge-
The ''Notes Dictated to G.E. Moore in Norway'' were first published in Germany in the volume ''Schriften (Band 1. Tractatus logico-philosophicus. Tagebücher 1914-1916. Philosophische Untersuchungen)'', edited by G.E.M. Anscombe and G.H. von Wright, Suhrkamp, Frankfurt am Main 1960, pp. 226–253.


schrieben hat“. Hg. von G. E. M. Anscombe und G. H. von Wright, übersetzt
Their country of origin is Germany. This work is in the public domain there, as well as in Italy, because the copyright term for literary works in both countries is 70 years P.M.A. and the author died before 1952.


von Günther Patzig und Eberhard Bubser. In: Schriften Bd. 1, S. 226–253.
=== Some Remarks on Logical Form ===
''Some Remarks on Logical Form'' was first published in the British journal ''Proceedings of the Aristotelian Society'', supplementary vol. 9, London 1929, pp. 162–171.


Frankfurt am Main: Suhrkamp 1960. [Englisch mit deutscher Übersetzung]
Its country of origin is the United Kingdom. This work is in the public domain there, as well as in Italy, because the copyright term for literary works in both countries is 70 years P.M.A. and the author died before 1952.
 
=== Some Remarks on Logical Form ===
Proceedings of the Aristotelian Society, Oxford 1969


=== Lecture on Ethics ===
=== Lecture on Ethics ===
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However, in February 2017 the text of Wittgenstein’s Ts-207 was released by the copyright holders – The Master and Fellows of Trinity College, Cambridge and the University of Bergen, Bergen – under the terms of the Creative Commons Attribution-NonCommercial 4.0 International licence. Therefore, the text should be regarded as being in the public domain in countries where the copyright term is 70 years PMA and licenced under CC BY-NC 4.0 International in the US. See above, [[#Notes on Logic|§ ''Notes on Logic'']], for more details.
However, in February 2017 the text of Wittgenstein’s Ts-207 was released by the copyright holders – The Master and Fellows of Trinity College, Cambridge and the University of Bergen, Bergen – under the terms of the Creative Commons Attribution-NonCommercial 4.0 International licence. Therefore, the text should be regarded as being in the public domain in countries where the copyright term is 70 years PMA and licenced under CC BY-NC 4.0 International in the US. See above, [[#Notes on Logic|§ ''Notes on Logic'']], for more details.


=== Blue Book ===
=== Blue and Brown Books ===
Blackwell 1958
The ''Blue Book'' and the ''Brown Book'' were first published in the United Kindgom in the volume ''Preliminary Studies for the “Philosophical Investigations”. Generally Known as The Blue and Brown Books'', Blackwell, Oxford 1958.
 
=== Brown Book ===
Blackwell 1958


Their country of origin is the United Kingdom. These works are in the public domain there, as well as in Italy, because the copyright term for literary works in both countries is 70 years P.M.A. and the author died before 1952.


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