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

Suggest and discuss books to read (all languages welcome!)
redrun
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Post by redrun »

flavo5000 wrote: January 15th, 2023, 6:32 am
czandra wrote: January 10th, 2023, 3:11 am Sounds like things are shifting. I understood that an author cannot give to public domain for LV purposes. Not definitive enough, author has to be 70 years dead or 95 years since published.

Small note: William Blake might be one of the most notoriously self-published authors, but there were many more who are now part of "the canon" who at least started that way and were not published "traditionally" by a publisher at arm's length until after death. Poets suffer this fate as an occupational hazard.

Cz
I don't know all the history of what has or has not been allowed on here, but it should all be tied to which Creative Commons license is granted. Often when an author declares their work to be in the public domain, they are invoking the non-commercial Creative Commons license which prevents users of the work from leveraging it for commercial purposes (selling it for instance). In this particular case, the Minecraft End Poem is granted in the CC0 1.0 Universal license which waives all rights to commercial use, effectively granting it the same status as if the work were 95 years old, meaning it is completely in the public domain with no strings attached.

Also as far as whether this is a published work, I would say being the ending of one of the most successful video games of all time qualifies as being "published", maybe not in the traditional sense of having a physical book released but I would wager far more people have read this ending than 90% of the books that have been recorded on Librivox.

Also just FYI, I have zero interest in recording this myself, but I have gotten very interested in copyright law in recent months, so this sort of thing just fascinates me.
I'm not sure if the writer of the LV text policy (edit: or the FAQ entry on Creative Commons) was aware of the CC0 license, and how it's designed to be exactly the same as putting a work in the public domain. I can see, though, why it might not be expedient for LibriVox to publish readings of CC0 works, and that's because it's not always the same as public domain.

In some countries, you can renounce all rights to a work just by declaring it to be in the public domain. In others, you can publish it under CC0, granting all non-exclusive rights and agreeing not to exercise your own exclusive rights, just as if it were in the public domain.
But some countries give you exclusive rights that cannot be renounced or contractually bound. Not an issue if you never change your mind, but that makes CC0 relatively untested.

I'm speculating there are similar concerns with works that lack an ISBN, where laws and treaties that handle regular ISBN'd books are relatively better understood. I don't think the ISBN is used by LV in identifying a work, its copyright owner, or its copyright date, but I could be wrong. There could also be the question of what's worth including, but I think the policy is pretty clear that all works are worth including (once they're free of copyright), if someone wants to do them.

So if I'm understanding correctly, this isn't a case of it being illegal for LV to do this work, it's a matter of not wanting to open a brand new can of legal worms if we can avoid it. But it might be useful to expand the bit about self-publishing, and/or our FAQ entry about CC licenses. I see these becoming more common questions in future, as more works are self-published under not just CC-BY (I think the least restrictive of the "some rights reserved" CC licenses), but as CC0 or directly to the public domain.
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prosfilaes
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Post by prosfilaes »

redrun wrote: January 17th, 2023, 2:34 pm I'm speculating there are similar concerns with works that lack an ISBN, where laws and treaties that handle regular ISBN'd books are relatively better understood. I don't think the ISBN is used by LV in identifying a work, its copyright owner, or its copyright date, but I could be wrong. There could also be the question of what's worth including, but I think the policy is pretty clear that all works are worth including (once they're free of copyright), if someone wants to do them.
I'm not aware of any legal international status of the ISBN. It's given out by governmental organizations in many countries, though in the US and UK, it's handled by private companies, and is completely independent of copyright. As ISBNs were first used on books in 1967-1970, LibriVox almost never works with books that have ISBNs.
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Post by redrun »

Interesting, thank you! I'm glad to have conjecture contradicted, I wouldn't learn near so much otherwise. :wink:

That being the case, are there any reasons why we only do "traditionally published" works, aside from the fact that self-publishing has become explosively popular more recently?
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Post by annise »

There is nothing to stop anyone from setting up somewhere to record self-published books or anything else and using whatever format they like and finding a way to distribute
This is not a value judgment on self-published books - some will be good, some will be awful (to my judgment)

But LV has quite enough PD in the USA books to keep us going with humans reading them and sending them as mp3 files to IA. And that is what we do. And what IA expects us to continue to do.
If we start straying from our "prime directive" we will fail.
We are not troglodytes - just realists. That is what we do :D

Anne
redrun
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Post by redrun »

Understood, and it wasn't my intention to cast any shade - just to clarify what the reasons are. Sounds like it's one of scope, rather than of either legality or, as you and I both said, value.

It's a reasonable position, I'm just saying perhaps it could be re-phrased. There are new edge cases that would otherwise seem like they fit the criteria of "published public domain books", but which are NOT "regularly" published and public domain by expiration or by being unprotected government works.

Someone who publishes a book online, and intentionally releases it to the public domain - either by their country's laws, or through the CC0 license - wouldn't really understand why their work is not in scope, in the way it's currently worded. After all, it is a book, and it is (at least in theory) public domain in the US.
Does that make sense?
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Post by annise »

I'm not trying to give a definitive argument but.
LV is a team effort nothing in the catalogue is there because 1 person did it, even if you exclude the people who worked on setting the whole current system up and keeping it running . And the volunteers at PG. And IA has volunteers working on scanning and maybe other things
All these people do this to rescue forgotten authors and make them available again. And that is what we do.

So the fact that people now have the power to self-publish means they don't need rescuing - they are out there. They could produce audiobooks and find ways to publish them. They could run podcasts for example. They could check with IA and find out their policy on the subject - and I'm sure there are other ways. They could make an app .......

I'm a member of a writing group that recently self-published a book - and I'm not asking LV to read it :D

Anne
redrun
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Post by redrun »

And I'm not trying to argue at all, I'm just asking if perhaps that can be spelled out somewhere in the wiki, so that folks can understand the reasoning without needing to ask for that explanation here. :wink:

ETA:
The policy is not stated near so clearly on the wiki, or even in the first post of this thread, which mentions only legality as an objection (see: Cory Doctorow in that post). Neither mentions the bit about having alternate ways to self-publish, for example, so I had no idea that was even a consideration!

I'm not asking that the policy be changed, I'm asking that we make it easier to find out exactly what it is, and why.
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Post by TriciaG »

The policy is not stated near so clearly on the wiki, or even in the first post of this thread, which mentions only legality as an objection (see: Cory Doctorow in that post). Neither mentions the bit about having alternate ways to self-publish, for example, so I had no idea that was even a consideration!
This thread isn't a definitive list of the policies or of all the works that aren't acceptable for LV. This thread's title clearly states, "Some Books that Aren't in the Public Domain". As you state, there are non-traditionally published works that ARE in the public domain by the will of the author (i.e. self-published works). Obviously, those are in the public domain, since they're put in the public domain.

I have changed the wiki to add the word "traditionally" to the types of texts acceptable for LV. It did already say that self-published works were not acceptable for LV. So it could already be inferred that self-published works weren't acceptable. :lol: But now it is stated more obviously.

This thread really isn't the place for this discussion, and I think it's basically over, anyway.
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Post by phileasfogg »

Is it possible for someone in USA to download this book in order to record it? https://babel.hathitrust.org/cgi/pt?id=hvd.32044082942558 . I know it is public domain but i cant donwload it or acces to it from Argentina. Thanks a lot. Victor
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prosfilaes
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Post by prosfilaes »

phileasfogg wrote: March 7th, 2023, 5:18 am Is it possible for someone in USA to download this book in order to record it? https://babel.hathitrust.org/cgi/pt?id=hvd.32044082942558 . I know it is public domain but i cant donwload it or acces to it from Argentina. Thanks a lot. Victor
I can download it and upload it to the Internet Archive this afternoon. Recording it is someone else's problem, but with the possible exception of Mexico, it should be PD worldwide.
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Post by phileasfogg »

Oh , thanks a lot !!! I´ll apreciate it a lot. I´s a better translation than the other one in public domain at the Library of Spain. Thanks again!
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Danhorse
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Post by Danhorse »

Hi there,

Can anyone find out for me if Thomas Copeland is going to read the next Barsoom novel - 'The master mind of Mars', now that it is in the public domain please?
I really hope so.

Best
Dan
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Post by Rapunzelina »

Danhorse wrote: March 16th, 2023, 4:04 am Hi there,

Can anyone find out for me if Thomas Copeland is going to read the next Barsoom novel - 'The master mind of Mars', now that it is in the public domain please?
I really hope so.

Best
Dan
Tom is currently working on another project, but I see no harm in contacting him with your question in his thread here viewtopic.php?t=96948

However, it's already in the catalogue by other readers.
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Post by Danhorse »

Rapunzelina wrote: March 16th, 2023, 5:50 am
Danhorse wrote: March 16th, 2023, 4:04 am Hi there,

Can anyone find out for me if Thomas Copeland is going to read the next Barsoom novel - 'The master mind of Mars', now that it is in the public domain please?
I really hope so.

Best
Dan
Tom is currently working on another project, but I see no harm in contacting him with your question in his thread here viewtopic.php?t=96948

However, it's already in the catalogue by other readers.
Thank you. Tom is my man for Barsoom.
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Post by Xaenthe »

Looks like Orlando just entered the public domain!
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