Some Books that Aren't in the Public Domain (and why)

Suggest and discuss books to read (all languages welcome!)
phileasfogg
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Post by phileasfogg » October 17th, 2017, 7:11 am

Thanks for answering Cori, I asked to the National Library of Chile but they havent replied to me yet, anyway now I´m joinning more info about works published abroad Us and PD in the origin country and that info about if it was PD before 1996 i havent asked them yet. By the way i hope you understand my tarzanlike english... well. About the fact of Memoria Chilena manages common creative licenses is not referred to this work because there they explain that Memoria Chilena include 3 types of work:
1- Works produced by Memoria chilena (have CC licences)
2- Digital Objects
3- Works of the "Patrimonio Cultural comun": are PD,
Objetos digitales que forman parte del Patrimonio Cultural Común:
(Digitalized Objects that belongs to Patrimonio cultural comun:)

En Memoria Chilena se pueden encontrar obras de gran valor patrimonial que forman parte del Patrimonio Cultural Común. Tales creaciones, pueden ser utilizadas por cualquiera, siempre que se respete la paternidad y la integridad de la obra.
(We can find many works of high value in Memoria Chilena that integrate part of Patrimonio Cultural comun, they can be used freely and by any who desire it but they always have to mention the author and respect its integrity)
En tal sentido, la Ley mencionada señala que este patrimonio se compone por:
In that sense that mentioned Law points that this Patrimonio ii integrated by:
a) Las obras cuyo plazo de protección se haya extinguido;
a) Works which date of protection is finished
b) La obra de autor desconocido, incluyéndose las canciones, leyendas, danzas y las expresiones del acervo folklórico;
b) Works of unknown authors, including songs, legends, dances and expresions of folk heritage
c) Las obras cuyos titulares renunciaron a la protección que otorga esta ley;
c) Works which their makers resigned the protection of that law (This is the case of this book in particular)
d) Las obras de autores extranjeros, domiciliados en el exterior, que no estén protegidos en la forma establecida en el artículo 2° de la Ley N° 17.336;
d) Works of foreign authors, addressed in foreign countries, that are not specifically protected under the 2nd article of that law
e) Las obras que fueren expropiadas por el Estado, salvo que la ley especifique un beneficiario.
e) Works expropiated by the Estate, unless the law specify a beneficiary
"To Infinity and Beyond"
Buzz Lightyear

phileasfogg
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Post by phileasfogg » October 17th, 2017, 7:37 am

Lol Cori, yes i read the brief history of the publisher of that book, and it seems that some workers of the major publisher in chile (zig-zag) went on a strike and they opened an Estatal Publisher (Quimantu for all)in 1971 and published a lot of books at low cost for the people. During the military intervention that publisher was closed, later on they tried to reopend it but in 1984 due to bankrupt was closed eventually. That's why this particular translation is PD on Chile and before 1996 (so it would be probaly PD in US, but I'm not sure anywway). BUt anyway i followed your advice and ask people of Gutenberg about their opinion. Is it advis0able to ask to the goverment office of Intelectual Properties in US ( U.S. Copyright Office - International Copyright) about the situation of this book or not?
"To Infinity and Beyond"
Buzz Lightyear

Cori
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Post by Cori » October 17th, 2017, 7:52 am

Better to wait and see what Gutenberg and the National Library come back with first. I think one or both should be able to give a definite answer, whereas the Copyright Office might take a long time to say 'maybe'. ;)
There's honestly no such thing as a stupid question -- but I'm afraid I can't rule out giving a stupid answer : : To Posterity and Beyond!

Let's go on an April Adventure!

Basquetteur
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Post by Basquetteur » November 19th, 2017, 12:16 pm

Cori and Victor,

Sorry to mingle a little bit in this discussion. I come because I read about this in the thread about potential books in Spanish. My contribution is only on a tiny aspect.

I think what Cori quoted:
"Does this page http://www.memoriachilena.cl/602/w3-article-3362.html relate to the publisher or to a specific group of works? It mentions:
The investigations of Memoria Chilena, Biblioteca Nacional de Chile (DIBAM) are under a Creative Commons Attribution-ShareAlike 3.0 Unported license, except for its digital objects"

refers to the research carried out by Memoria Chilena about the Editorial Quimantú and described in the website. Each book from this publisher, Quimantú, has a specific status. Some have reserved rights and others not.

I understand the consultation with Gutenberg is on going.

Regards,

basquetteur


Cori wrote:Heh, if that was me browsing, I don't know either. :hmm: It sounds like this is a Gov't-sponsored public domain type thing ... and so there's some precedent from, for example, the British House of Commons speech collections. For the US, I think the relevant legal angles would be:
Published without compliance with US formalities, and in the public domain in its source country as of 1 January 1996 - public domain now
OR
Solely published abroad, without compliance with US formalities or republication in the US, and not in the public domain in its home country as of 1 January 1996 - 95 years after publication.
Do you have any idea about whether this project was running in 1996, Victor? I can see they mention that it's 14 years old, but that's probably just the website, not the status of the books. And also that the publisher took about a decade to close, from 1973. It seems like the books could have been PD from 1984 onwards in that case.

Does this page http://www.memoriachilena.cl/602/w3-article-3362.html relate to the publisher or to a specific group of works? It mentions:
The investigations of Memoria Chilena, Biblioteca Nacional de Chile (DIBAM) are under a Creative Commons Attribution-ShareAlike 3.0 Unported license, except for its digital objects.
I don't know what that means, either. :| Are the books 'investigations' or 'digital objects'?

I'd probably contact Gutenberg anyway, and see what they make of it. :D I think it's worth a go!

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