In my ramblings through Project Gutenberg, I've noticed that there a handful (or several handsful) of books which ARE under copyright but freely distributed on PG, such as Bruce Sterling's The Hacker Crackdown, multiple works by Cory Doctorow, as well as more obscure books like 100 New Yorkers of the 1970s and The Dawn of Amateur Radio in the U.K. and Greece: A Personal View by Norman F. Joly.
What is the status of these in terms of being able to record for Librivox?
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Generally, they've been released under a 'some rights reserved' Creative Commons licence (specified on the bibrec tab at PG) and so wouldn't work with our Public Domain licence (which is equivalentish to the CC0 licence, but I haven't seen any PG books using that one.)
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!