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In other words, the “spirit” of copyright laws is that: | In other words, the “spirit” of copyright laws is that: | ||
* upon the birth of a piece of creative work, the right to copy it, distribute the copies, sell them, modify the original and disseminate the modified version (a translation, a remix, etc.) belongs exclusively to the author – all rights are reserved; | * upon the birth<ref>Generally speaking, it is not necessary to publish or register a work, or to comply with any formalities at all, in order for it to be copyrighted. This, however, has not always been the case everywhere in the world: because for many decades in the 20th century US law required creative works to bear a copyright notice (for example the copyright symbol “©” followed by the publication date and the author’s name) in order for them to be copyrighted, many works that did not comply with this simple formality were directly, albeit often inadvertently, released in the public domain.</ref> of a piece of creative work, the right to copy it, distribute the copies, sell them, modify the original and disseminate the modified version (a translation, a remix, etc.) belongs exclusively to the author – all rights are reserved; | ||
* when the author dies, the abovementioned rights belong, equally exclusively, to the author’s legal heirs for a period of time that, generally speaking, may vary from 30 to 100 years (but is usually 50 or 70); | * when the author dies, the abovementioned rights belong, equally exclusively, to the author’s legal heirs for a period of time that, generally speaking, may vary from 30 to 100 years (but is usually 50 or 70); | ||
* then, when the copyright term expires, the work enters the public domain, which means that anyone is legally entitled to copy it, distribute it, sell it, modify it; those who were previously the exclusive holders of the rights are not entitled to any privilege any longer and have, in fact, the same status as all other members of the public; no rights are reserved, except for, in some cases, the few “soft” provisions we call “moral rights” (see below, [[#Contracts, constraints unrelated to intellectual property, and politeness|§ Contracts, constraints unrelated to intellectual property, and politeness]]). | * then, when the copyright term expires, the work enters the public domain, which means that anyone is legally entitled to copy it, distribute it, sell it, modify it; those who were previously the exclusive holders of the rights are not entitled to any privilege any longer and have, in fact, the same status as all other members of the public; no rights are reserved, except for, in some cases, the few “soft” provisions we call “moral rights” (see below, [[#Contracts, constraints unrelated to intellectual property, and politeness|§ Contracts, constraints unrelated to intellectual property, and politeness]]). | ||
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== A very short history of the rights on Wittgenstein’s writings == | == A very short history of the rights on Wittgenstein’s writings == | ||
Ludwig Wittgenstein died on 29 April 1951. In his | Ludwig Wittgenstein died on 29 April 1951. In his last will and testament, he appointed G.E.M. Anscombe, R. Rhees and G.H. von Wright as his literary heirs. It is them, thus, who became the copyright holders for Wittgenstein’s writings.<ref>''{{plainlink|See [https://www.onb.ac.at/bibliothek/sammlungen/handschriften-und-alte-drucke/this-is-the-last-will-of-me-ludwig-wittgenstein This is the last will of me Ludwig Wittgenstein]}}'', Österreichische Nationalbibliothek, retrieved 16 July 2002 ({{plainlink|[https://web.archive.org/web/20220716092558/https://www.onb.ac.at/bibliothek/sammlungen/handschriften-und-alte-drucke/this-is-the-last-will-of-me-ludwig-wittgenstein archived URL]}}).''</ref> | ||
In the second half of the 20th century, it was them who made (or sometimes delegated) the decisions about what to publish and how and it was them who had a right to receive royalties for the sales of books. | In the second half of the 20th century, it was them who made (or sometimes delegated) the decisions about what to publish and how and it was them who had a right to receive royalties for the sales of books. | ||
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Rhees died in 1989, Anscombe in 2001, and Von Wright in 2003. Although the author of this essay was unable to find a detailed account of their wills and testaments, it is clear that, after their deaths, the copyright holders for Wittgenstein’s writings became The Master and Fellows of Trinity College at the University of Cambridge. This leads us to think that it was Rhees’s, Anscombe’s, and Von Wright’s joint will to elect Trinity as the heir to the intellectual property of Wittgenstein’s writings. | Rhees died in 1989, Anscombe in 2001, and Von Wright in 2003. Although the author of this essay was unable to find a detailed account of their wills and testaments, it is clear that, after their deaths, the copyright holders for Wittgenstein’s writings became The Master and Fellows of Trinity College at the University of Cambridge. This leads us to think that it was Rhees’s, Anscombe’s, and Von Wright’s joint will to elect Trinity as the heir to the intellectual property of Wittgenstein’s writings. | ||
29 April 2021 was the 70th anniversary of Wittgenstein’s death and on 1 January 2022 Wittgenstein’s writings entered the public domain in those countries where the copyright term is 70 years P.M.A. (''post mortem auctoris'', i.e., “after the author’s death”). This includes most European countries, much of Africa, Asia and Oceania, and most Latin American Countries. In some jurisdictions, for example many African and Asian countries, but also Canada, where the copyright term is 50 years P.M.A., Wittgenstein’s works were already in the public domain. In some other countries, for example the United States, some of Wittgenstein’s works are still copyrighted; there, it is still Trinity that counts as the copyright holder. | 29 April 2021 was the 70th anniversary of Wittgenstein’s death and on 1 January 2022 Wittgenstein’s writings entered the public domain in those countries where the copyright term is 70 years P.M.A. (''post mortem auctoris'', i.e., “after the author’s death”). This includes most European countries, much of Africa, Asia and Oceania, and most Latin American Countries. In some jurisdictions, for example many African and Asian countries, but also Canada, where the copyright term is 50 years P.M.A., Wittgenstein’s works were already in the public domain. In some other countries, for example the United States, where copyright laws are rather different than in most other countries and determining the copyright status of a work is not simply a matter of counting the years that have elapsed since the author’s death, some of Wittgenstein’s works are still copyrighted; there, it is still Trinity that counts as the copyright holder. | ||
<div class="custom-desktop-only">[[File:World copyright-terms nokey.svg|600px|center]] [[file:World copyright-terms key wide plain.svg|600px|center]]</div> | <div class="custom-desktop-only">[[File:World copyright-terms nokey.svg|600px|center]] [[file:World copyright-terms key wide plain.svg|600px|center]]</div> | ||
<div class="custom-mobile-only">[[File:World copyright-terms nokey.svg|thumb|center]] [[file:World copyright-terms key wide plain.svg|thumb|center]]</div> | <div class="custom-mobile-only">[[File:World copyright-terms nokey.svg|thumb|center]] [[file:World copyright-terms key wide plain.svg|thumb|center]]</div> | ||
<p style="text-align: center; color: #54595d;">This map provides a simplified overview of the duration of the copyright term worldwide. Please note that in some countries, for example the US, copyright laws are more complex than elsewhere and knowing that a given number of years has passed since an author’s death is not sufficient for determining the copyright status of their works. In the US, in particular, the publication date of a work often influences its copyright status.</p> | |||