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{{p center|By {{person link|Michele Lavazza}}}}
{{p center|By {{person link|Michele Lavazza}}<ref group="N">The author would like to thank Ms Jasmin Trächtler, Mr David Chandler, and Mr Javier Arango for reviewing this text.</ref>}}
{{p center|... July 2022}}
{{p center|... July 2022}}


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In this section, we will apply the concepts described above in order to clarify the copyright status of Wittgenstein’s works.<ref>Information about first editions was taken from Alois Pichler, Michael A. R. Biggs, Sarah Anna Szeltner, “{{plainlink|[https://www.researchgate.net/publication/305935004_Bibliographie_der_deutsch-_und_englischsprachigen_Wittgenstein-Ausgaben Bibliographie Der Deutsch- Und Englischsprachigen Wittgenstein-Ausgaben]}}”, in ''Wittgenstein-Studien'', 2011 (updated 2019) ({{plainlink|[https://www.researchgate.net/publication/305935004_Bibliographie_der_deutsch-_und_englischsprachigen_Wittgenstein-Ausgaben archived URL]}}).</ref> We will limit ourselves to those that have been published on the Ludwig Wittgenstein Project’s website<!-- or might be in the short-to-medium term-->, thereby excluding those texts where the editors may have to be counted as co-authors.
In this section, we will apply the concepts described above in order to clarify the copyright status of Wittgenstein’s works.<ref>Information about first editions was taken from Alois Pichler, Michael A. R. Biggs, Sarah Anna Szeltner, “{{plainlink|[https://www.researchgate.net/publication/305935004_Bibliographie_der_deutsch-_und_englischsprachigen_Wittgenstein-Ausgaben Bibliographie Der Deutsch- Und Englischsprachigen Wittgenstein-Ausgaben]}}”, in ''Wittgenstein-Studien'', 2011 (updated 2019) ({{plainlink|[https://www.researchgate.net/publication/305935004_Bibliographie_der_deutsch-_und_englischsprachigen_Wittgenstein-Ausgaben archived URL]}}).</ref> We will limit ourselves to those that have been published on the Ludwig Wittgenstein Project’s website<!-- or might be in the short-to-medium term-->, thereby excluding those texts where the editors may have to be counted as co-authors.


For each work, the copyright status in the country of origin and in Italy will be described and explained. What is written about Italy can be considered to be valid, to some extent, for all countries where, as a general rule, copyright expires 70 years or fewer P.M.A.; however, since local exceptions may exist,<ref>As an example, it is worthwhile to briefly discuss an issue that often comes up in conversations between Wittgensteinians about copyright. In the UK, as a general rule, copyright expires 70 years P.M.A. However, texts that were unpublished as of the end of 1989 will be copyrighted until the end of 2039 regardless of the date of the author’s death. For further information, see ''{{plainlink|[https://www.gov.uk/government/publications/copyright-notice-duration-of-copyright-term/copyright-notice-duration-of-copyright-term Copyright Notice: Duration of copyright (term)]}}'', UK Intellectual Property office, 15 January 2021, retrieved 16 July 2022 ({{plainlink|[https://web.archive.org/web/20220716101721/https://www.gov.uk/government/publications/copyright-notice-duration-of-copyright-term/copyright-notice-duration-of-copyright-term archived URL]}}). This does not affect any of the texts published on the Ludwig Wittgenstein Project’s website, but those among Wittgenstein’s manuscripts that were indeed unpublished as of 1989 are still copyrighted in the UK.</ref> generalisations should be made, so to speak, at one’s own risk. Occasionally, the copyright status in the United States will be discussed, as the US, despite not playing any special role from the point of view of the Ludwig Wittgenstein Project, are certainly, to this day, the centre of gravity of the web.
For each work, the copyright status in the country of origin and in Italy will be described and explained.<ref>In the paragraphs below, when a country’s copyright term is mentioned for the first time, the relevant intellectual property law is cited – except in the case of the US, where the reference is to a secondary source. Each of the cited laws is listed by the World Intellectual Property Organisation (WIPO) as the main IP law enacted by the relevant legislature.</ref> What is written about Italy can be considered to be valid, to some extent, for all countries where, as a general rule, copyright expires 70 years or fewer P.M.A.; however, since local exceptions may exist,<ref>As an example, it is worthwhile to briefly discuss an issue that often comes up in conversations between Wittgensteinians about copyright. In the UK, as a general rule, copyright expires 70 years P.M.A. However, texts that were unpublished as of the end of 1989 will be copyrighted until the end of 2039 regardless of the date of the author’s death. For further information, see ''{{plainlink|[https://www.gov.uk/government/publications/copyright-notice-duration-of-copyright-term/copyright-notice-duration-of-copyright-term Copyright Notice: Duration of copyright (term)]}}'', UK Intellectual Property office, 15 January 2021, retrieved 16 July 2022 ({{plainlink|[https://web.archive.org/web/20220716101721/https://www.gov.uk/government/publications/copyright-notice-duration-of-copyright-term/copyright-notice-duration-of-copyright-term archived URL]}}). This does not affect any of the texts published on the Ludwig Wittgenstein Project’s website, but those among Wittgenstein’s manuscripts that were indeed unpublished as of 1989 are still copyrighted in the UK.</ref> generalisations should be made, so to speak, at one’s own risk. Occasionally, the copyright status in the United States will be discussed, as the US, despite not playing any special role from the point of view of the Ludwig Wittgenstein Project, are certainly, to this day, the centre of gravity of the web.


The information is valid and up to date as of July 2022. Copyrights that are still standing will gradually expire in the coming years and decades.
The information is valid and up to date as of July 2022. Copyrights that are still standing will gradually expire in the coming years and decades.
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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.
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, 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 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.<ref>Copyright, Designs and Patents Act 1988, section 12 (2).</ref><ref>''Legge 633/1941,'' article 25.</ref> and the author died before 1952.


Additionally, it is in the public domain in the United States because it was published in 1913 and everything that was published before 1 January 1927 is now in the public domain in the US.
Additionally, it is in the public domain in the United States because it was published in 1913 and everything that was published before 1 January 1927 is now in the public domain in the US.
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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.
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.<ref>''Gesetz über Urheberrecht und verwandte Schutzrechte'', section 64.</ref> and the author died before 1952.


=== Logisch-philosophische Abhandlung ===
=== Logisch-philosophische Abhandlung ===
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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.


Additionally, it is in the public domain in the United States because it was published in 1921 and everything that was published before 1 January 1927 is now in the public domain in the US.
Additionally, it is in the public domain in the United States because it was published in 1921 and everything that was published before 1 January 1927 is now in the public domain in the US.<ref name="hirtle-chart" />


=== Wörterbuch für Volks- und Bürgerschulen ===
=== Wörterbuch für Volks- und Bürgerschulen ===
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Additionally, it is in the public domain in the United States because it was published in 1926 and everything that was published before 1 January 1927 is now in the public domain in the US.
Additionally, it is in the public domain in the United States because it was published in 1926 and everything that was published before 1 January 1927 is now in the public domain in the US.


The preface (''Geleitwort zum Wörterbuch für Volksschulen'') was first published in ''Wörterbuch für Volksschulen'', edited by A. Hübner, E. Leinfellner and W. Leinfellner, Schriften der Österreichischen Wittgensteingesellschaft, Hölder-Pichler-Tempsky, Vienna 1977, pp. {{Small caps|xxv}}–{{Small caps|xxxv}}. Its country of origin is Austria. 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.
The preface (''Geleitwort zum Wörterbuch für Volksschulen'') was first published in ''Wörterbuch für Volksschulen'', edited by A. Hübner, E. Leinfellner and W. Leinfellner, Schriften der Österreichischen Wittgensteingesellschaft, Hölder-Pichler-Tempsky, Vienna 1977, pp. {{Small caps|xxv}}–{{Small caps|xxxv}}. Its country of origin is Austria. 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.<ref>''Bundesgesetz über das Urheberrecht an Werken der Literatur und der Kunst und über verwandte Schutzrechte (Urheberrechtsgesetz)'', BGBl. Nr. 111/1936 – <abbr>BGBl. I Nr. 63/2018, article 60.</abbr></ref> and the author died before 1952.


=== Bemerkungen über Frazers “The Golden Bough” ===
=== Bemerkungen über Frazers “The Golden Bough” ===
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The ''Notes on Logic'' were first published in the United States of America, in the journal ''The Journal of Philosophy'', 54, 1957, pp. 230–245.
The ''Notes on Logic'' were first published in the United States of America, in the journal ''The Journal of Philosophy'', 54, 1957, pp. 230–245.


Their country of origin is the US.<ref name="simultaneous">According to the Berne Convention, “The country of origin shall be considered to be: (a) in the case of works first published in a country of the Union, that country; in the case of works published simultaneously in several countries of the Union which grant different terms of protection, the country whose legislation grants the shortest term of protection [...]” (art. 5, par. 4). The definition of “simultaneous publication” is publication in multiple countries within 30 days (see art. 3, par. 4). We haven’t been able to prove that in the 1950s the ''Journal of Philosophy'' consistently reached its Canadian or European subscribers within 30 days of the publication in the US, but we haven’t been able to conclusively rule it out either. If it were possible to prove that this was the case in at least one country with a 50 or 70 years P.M.A. copyright term, then the ''Notes on Logic'' would count as simultaneously published in the US and in that country; therefore, per the Berne Convention, they would have that country as their country of origin; therefore, per the copyright laws of that country, they would now be in the public domain in their country of origin.</ref> In order to determine the copyright status of a work which has the US as its country of origin, knowledge of the date of the author’s death is not sufficient. Per the {{Plainlink|[https://commons.wikimedia.org/wiki/Commons:Hirtle_chart Hirtle chart]}},<ref name="hirtle-chart"/> the current copyright status of a work first published in the US between 1927 and 1964 depends on whether or not it was published with a copyright notice (which we should assume was the case) and, if it was, on whether or not copyright was renewed before its expiry, the term of which was then 28 years: if copyright was renewed, the text is still copyrighted in the US; if it wasn’t, the text is now in the public domain in the US. Lacking further information, it should be assumed that the copyright on this text was renewed. Assuming that it was indeed renewed, then the duration of its copyright term is 95 years from the publication date, meaning that it will enter the public domain the US on 1 January 2053.
Their country of origin is the US.<ref name="simultaneous">According to the Berne Convention, “The country of origin shall be considered to be: (a) in the case of works first published in a country of the Union, that country; in the case of works published simultaneously in several countries of the Union which grant different terms of protection, the country whose legislation grants the shortest term of protection [...]” (art. 5, par. 4). The definition of “simultaneous publication” is publication in multiple countries within 30 days (see art. 3, par. 4). We haven’t been able to prove that in the 1950s the ''Journal of Philosophy'' consistently reached its Canadian or European subscribers within 30 days of the publication in the US, but we haven’t been able to conclusively rule it out either. If it were possible to prove that this was the case in at least one country with a 50 or 70 years P.M.A. copyright term, then the ''Notes on Logic'' would count as simultaneously published in the US and in that country; therefore, per the Berne Convention, they would have that country as their country of origin; therefore, per the copyright laws of that country, they would now be in the public domain in their country of origin.</ref> In order to determine the copyright status of a work which has the US as its country of origin, knowledge of the date of the author’s death is not sufficient. Per the {{Plainlink|[https://commons.wikimedia.org/wiki/Commons:Hirtle_chart Hirtle chart]}},<ref name="hirtle-chart"/> the current copyright status of a work first published in the US between 1927 and 1964 depends on whether or not it was published with a copyright notice (which we should assume was the case) and, if it was, on whether or not copyright was renewed before its expiry, the term of which was then 28 years: if copyright was renewed, the text is still copyrighted in the US; if it wasn’t, the text is now in the public domain in the US. Lacking further information, it should be assumed that the copyright on this text was renewed. Assuming that it was indeed renewed, then the duration of its copyright term is 95 years from the publication date, meaning that it will enter the public domain the US on 1 January 2053.<ref name="hirtle-chart" />


However, in February 2017 Wittgenstein’s Ts-201a1 and Ts-201a2, containing the text of the ''Notes on Logic'', were released by the copyright holders – The Master and Fellows of Trinity College, Cambridge; Bertrand Russell Archives at McMaster University Library, Hamilton, Ontario; University of Bergen, Bergen – under the terms of the Creative Commons Attribution – NonCommercial 4.0 International licence (CC BY-NC). Therefore, the text should be regarded as being in the public domain in countries where the copyright term is 70 years P.M.A. and licenced under CC BY-NC 4.0 International in the US. As was discussed above in this essay (see [[#Copyright in the age of the internet|§ Copyright in the age of the internet]]), a work being in the public domain in its country of origin is not a requirement for it to be freely reusable, remixable, etc. elsewhere, but rather a generally accepted good practice when the work is to be published on the internet; because of the internet’s lack of national boundaries, in other words, we consider it a good compromise to always make sure that we abide by the rules both of a work’s country of origin and of the country where the work is used, remixed, etc. The situation is similar when a work is not in the public domain in its country of origin but rather is licenced under the terms of a Creative Commons licence: we always want to abide by the rules both of a work’s country of origin and of the country where the work is used, remixed, etc. In this case, this means treating the work (Wittgenstein’s original text) as though it was also licenced under CC BY-NC in Italy. Now, CC BY-NC does not prohibit derivative works (for it does not include the “ND”, “NoDerivatives” clause), nor does it require derivative works to be licenced under the same terms (for it does not include the “SA”, “ShareAlike” clause). Therefore, the LWP’s translations of this text have been published under CC BY-SA.
However, in February 2017 Wittgenstein’s Ts-201a1 and Ts-201a2, containing the text of the ''Notes on Logic'', were released by the copyright holders – The Master and Fellows of Trinity College, Cambridge; Bertrand Russell Archives at McMaster University Library, Hamilton, Ontario; University of Bergen, Bergen – under the terms of the Creative Commons Attribution – NonCommercial 4.0 International licence (CC BY-NC). Therefore, the text should be regarded as being in the public domain in countries where the copyright term is 70 years P.M.A. and licenced under CC BY-NC 4.0 International in the US. As was discussed above in this essay (see [[#Copyright in the age of the internet|§ Copyright in the age of the internet]]), a work being in the public domain in its country of origin is not a requirement for it to be freely reusable, remixable, etc. elsewhere, but rather a generally accepted good practice when the work is to be published on the internet; because of the internet’s lack of national boundaries, in other words, we consider it a good compromise to always make sure that we abide by the rules both of a work’s country of origin and of the country where the work is used, remixed, etc. The situation is similar when a work is not in the public domain in its country of origin but rather is licenced under the terms of a Creative Commons licence: we always want to abide by the rules both of a work’s country of origin and of the country where the work is used, remixed, etc. In this case, this means treating the work (Wittgenstein’s original text) as though it was also licenced under CC BY-NC in Italy. Now, CC BY-NC does not prohibit derivative works (for it does not include the “ND”, “NoDerivatives” clause), nor does it require derivative works to be licenced under the same terms (for it does not include the “SA”, “ShareAlike” clause). Therefore, the LWP’s translations of this text have been published under CC BY-SA.
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