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

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If this were to count as the first edition, their country of origin would be 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.
If this were to count as the first edition, their country of origin would be 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.


However, Ts-172, Ts-173, and Ts-176, in which Wittgenstein’s remarks on colour are contained and from which the 1977 edition was compiled, had previously appeared in a facsimile edition. In 1967, looking to make the ''Nachlass'' available to scholars in its “raw” form, Cornell University microfilmed the corpus and published the print version of the microfilms, i.e., a facsimile edition of (almost) the entire ''Nachlass'', in 1968.<ref>''The Wittgenstein Papers'', Cornell University Libraries, Ithaca (NY) 1968. For more information, see A. Pichler, “{{plainlink|[https://www.inst.at/trans/10Nr/pichler10.htm Encoding Wittgenstein. Some Remarks on Wittgenstein’s ''Nachlass'', the ''Bergen Electronic Edition'', and future electronic publishing and networking”]}}, in ''Trans. Internet-Zeitschrift für Kulturwissenschaften'', no. 10, January 2022, retrieved 30 July 2022 ({{plainlink|[https://web.archive.org/web/20220730162159/https://www.inst.at/trans/10Nr/pichler10.htm archived URL]}}).</ref> In spite of not being a book in the common sense of the term, and being rather similar to a loosely-bound, multi-volume pamphlet, the Cornell edition meets the US’s legal definition of “publication”<ref>“‘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.” There is no minimum number of copies to be attained for the distribution to count as a publication, nor there is the need for a formal registration or commercialisation. See Title 17 of the United States Code (17 U. S. C.) §101.</ref> and the ''Bemerkungen über die Farben'' must therefore be considered to have the US as their country of origin. Possibly because of being published by a university library for mere research purposes, however, this edition did not bear a copyright notice. Works first published in the US between 1927 and 1977 without a copyright notice are in the public domain, because at the time this formality was a necessary condition for the work to be published at all.<ref name="hirtle-chart" /> Thus, the ''Bemerkungen über die Farben'' are in the public domain in their country of origin.
However, Ms-172, Ms-173, and Ms-176, in which Wittgenstein’s remarks on colour are contained and from which the 1977 edition was compiled, had previously appeared in a facsimile edition. In 1967, looking to make the ''Nachlass'' available to scholars in its “raw” form, Cornell University microfilmed the corpus and published the print version of the microfilms, i.e., a facsimile edition of (almost) the entire ''Nachlass'', in 1968.<ref>''The Wittgenstein Papers'', Cornell University Libraries, Ithaca (NY) 1968. For more information, see A. Pichler, “{{plainlink|[https://www.inst.at/trans/10Nr/pichler10.htm Encoding Wittgenstein. Some Remarks on Wittgenstein’s ''Nachlass'', the ''Bergen Electronic Edition'', and future electronic publishing and networking”]}}, in ''Trans. Internet-Zeitschrift für Kulturwissenschaften'', no. 10, January 2022, retrieved 30 July 2022 ({{plainlink|[https://web.archive.org/web/20220730162159/https://www.inst.at/trans/10Nr/pichler10.htm archived URL]}}).</ref> In spite of not being a book in the common sense of the term, and being rather similar to a loosely-bound, multi-volume pamphlet, the Cornell edition meets the US’s legal definition of “publication”<ref>“‘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.” There is no minimum number of copies to be attained for the distribution to count as a publication, nor there is the need for a formal registration or commercialisation. See Title 17 of the United States Code (17 U. S. C.) §101.</ref> and the ''Bemerkungen über die Farben'', which were part of this publication,<ref>M. Biggs, A. Pichler, “Wittgenstein: Two Source Catalogues and a Bibliography. Catalogues of the Published Texts and of the Published Diagrams, each Related to its Sources”, in ''Working Papers From The Wittgenstein Archives At The University Of Bergen'', no. 7, 1993.</ref> must therefore be considered to have the US as their country of origin. Possibly because of being published by a university library for mere research purposes, however, this edition did not bear a copyright notice. Works first published in the US between 1927 and 1977 without a copyright notice are in the public domain, because at the time this formality was a necessary condition for the work to be published at all.<ref name="hirtle-chart" /> Thus, the ''Bemerkungen über die Farben'' are in the public domain in their country of origin.


=== Über Gewißheit ===
=== Über Gewißheit ===
''Über Gewißheit'' was first published in the United Kingdom as ''Über Gewißheit'', edited by G.E.M. Anscombe and G.H. von Wright, Blackwell, Oxford 1969.
''Über Gewißheit'' was first published in the United Kingdom as ''Über Gewißheit'', edited by G.E.M. Anscombe and G.H. von Wright, Blackwell, Oxford 1969.


If this were to count as the first edition, their country of origin would be 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.
If this were to count as the first edition, its country of origin would be 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.
 
However, Ms-172, Ms-173, Ms-174, Ms-175, and Ms-176, in which Wittgenstein’s remarks on certainty are contained and from which the 1969 edition was compiled, had previously appeared in the Cornell edition (see [[Private:The copyright status of Wittgenstein's works#Bemerkungen über die Farben|§ ''Bemerkungen über die Farben'']]). ''Über Gewißheit'' must therefore be considered to have the US as its country of origin and it is in the public domain there because it was published without complying with the formalities that were necessary at the time.


=== Notes on Logic ===
=== Notes on Logic ===