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<div style="margin-left: 2em; color: #54595d;">Under the Convention, determining the country of origin of a published work is simply a matter of ascertaining where that work was first published or simultaneously published. The rules provide that for works first published in a country of the Union, the country of origin will be that country. For works published simultaneously in several countries of the Union which grant different terms of protection, the country of origin will be the country with the shortest term of protection […]<ref name="lawexplores">Brian Fitzgerald, Sampsung Xiaoxiang Shi, Cheryl Foong, and Kylie Pappalardo, “{{plainlink|[https://lawexplores.com/country-of-origin-and-internet-publication-applying-the-berne-convention-in-the-digital-age/ Country of Origin and Internet Publication: Applying the Berne Convention in the Digital Age]}}”, in Brian Fitzgerald and John Gilchrist (eds.), ''Copyright Perspectives'', Springer, 2015, retrieved 16 July 2022 ({{plainlink|[https://web.archive.org/web/20220716093426/https://lawexplores.com/country-of-origin-and-internet-publication-applying-the-berne-convention-in-the-digital-age/ archived URL]}}).</ref></div> | <div style="margin-left: 2em; color: #54595d;">Under the Convention, determining the country of origin of a published work is simply a matter of ascertaining where that work was first published or simultaneously published. The rules provide that for works first published in a country of the Union, the country of origin will be that country. For works published simultaneously in several countries of the Union which grant different terms of protection, the country of origin will be the country with the shortest term of protection […]<ref name="lawexplores">Brian Fitzgerald, Sampsung Xiaoxiang Shi, Cheryl Foong, and Kylie Pappalardo, “{{plainlink|[https://lawexplores.com/country-of-origin-and-internet-publication-applying-the-berne-convention-in-the-digital-age/ Country of Origin and Internet Publication: Applying the Berne Convention in the Digital Age]}}”, in Brian Fitzgerald and John Gilchrist (eds.), ''Copyright Perspectives'', Springer, 2015, retrieved 16 July 2022 ({{plainlink|[https://web.archive.org/web/20220716093426/https://lawexplores.com/country-of-origin-and-internet-publication-applying-the-berne-convention-in-the-digital-age/ archived URL]}}).</ref></div> | ||
The question should then be answered: what does it mean for a website to be located in a certain country? | The question should then be answered: what does it mean for a website to be located in a certain country? This question is rather complex for high-traffic sites which, to better serve requests, have servers in many locations and for sites which are operated by multinational companies; it is, however, quite simple in the case of the Ludwig Wittgenstein Project, since our servers are located in Italy and the owner of the website is both Italian and based in Italy. The Ludwig Wittgenstein Project therefore operates under Italian laws and European Union regulations. | ||
Finally, it should be noted that the policy according to which the Ludwig Wittgenstein Project only publishes works that are free in their country of origin and in Italy, in spite of adhering to a widely accepted best practice, does not of itself solve the problem posed by the fact that some of the texts that are available on our site are not in the public domain in some countries, for example Mexico, where the copyright term is 100 years P.M.A. It is the reader’s responsibility to comply with the laws of their country by making sure that a given work is in the public domain there before accessing it or downloading it. Still, nothing would prevent a country where some of the materials that we publish are not in the public domain, for example Mexico, from blocking access to the Ludwig Wittgenstein Project’s site for users located within its territory. | Finally, it should be noted that the policy according to which the Ludwig Wittgenstein Project only publishes works that are free in their country of origin and in Italy, in spite of adhering to a widely accepted best practice, does not of itself solve the problem posed by the fact that some of the texts that are available on our site are not in the public domain in some countries, for example Mexico, where the copyright term is 100 years P.M.A. It is the reader’s responsibility to comply with the laws of their country by making sure that a given work is in the public domain there before accessing it or downloading it. Still, nothing would prevent a country where some of the materials that we publish are not in the public domain, for example Mexico, from blocking access to the Ludwig Wittgenstein Project’s site for users located within its territory. |