Publishing Public domain works online

[DavidSB]

Does anyone know much about this?

I'm trying to figure out how differences in copyright law in different parts of the world apply to global digital publication.

For Example, Aldous Huxley's Brave New World. Written in 1932, he died in 1962. In the US it should not be out of copyright (post-1923) and yet I have seen websites claiming that it entered the public domain in 2008. In the UK and most other countries it should still be under copyright until 2032 (70 years after Huxley's death). In australia it is out of copyright (+50 years since Huxley's death).

There's an australian audiobook production of Brave New World available anywhere in the world. Does this infringe copyright (e.g in the US or UK)?

On project gutenburg there are free copies of some of Huxleys earlier works which again anyone in the world can download for free. Does this infringe copyright (in the UK for example)?

Any advice? Thanks

 

[quincy]

Does anyone know much about this?

I'm trying to figure out how differences in copyright law in different parts of the world apply to global digital publication.

For Example, Aldous Huxley's Brave New World. Written in 1932, he died in 1962. In the US it should not be out of copyright (post-1923) and yet I have seen websites claiming that it entered the public domain in 2008. In the UK and most other countries it should still be under copyright until 2032 (70 years after Huxley's death). In australia it is out of copyright (+50 years since Huxley's death).

There's an australian audiobook production of Brave New World available anywhere in the world. Does this infringe copyright (e.g in the US or UK)?

On project gutenburg there are free copies of some of Huxleys earlier works which again anyone in the world can download for free. Does this infringe copyright (in the UK for example)?

Any advice? Thanks

From what part of the world are you posting, David?

We discussed public domain works not too long ago on this forum, at the time more works in the US entered the public domain. Here is a link to that thread:
https://forum.freeadvice.com/threads/works-published-in-1923-now-in-the-public-domain.651982/

 

[adjusterjack]

I'm trying to figure out how differences in copyright law in different parts of the world apply to global digital publication.

Why?

What's your goal?

What do you want to accomplish?

And did it ever occur to you that publishers of Huxley's works got permission from his estate?

 

[quincy]

The World Intellectual Property Organization (WIPO), which administers the Berne Convention treaty that provides minimum standards of copyright protection to works worldwide, is a good source for those seeking information on the copyright laws in different countries.

Here is a link to some general copyright information:
https://www.wipo.int/copyright/en/

 

[DavidSB]

I'm posting from Ireland.

In the two examples i gave, I highly doubt if they have permission.... Gutenburg only publishes public domain works, so as far as they are concerned whatever they publish is in the public domain, no permisson needed. The audiobook producer in australia specifically mentions that Brave New World is in the public domain there, why would he say that if he had permission?

Is it the case then that in both cases this is perfectly legal since they have broken no laws in their own country?

Would this mean I am governed by the laws in my country regardless of where the material is available?

My goal is stated in my opening post "I'm trying to figure out how differences in copyright law in different parts of the world apply to global digital publication." To expand on this, I would like to be able to offer free public domain works via the internet, i.e. to a global audience.

Lastly, the Berne convention just throws more confusion I'm afraid! It states "As to the duration of protection, the general rule is that protection must be granted until the expiration of the 50th year after the author's death" - which matches with Australia's stated duration but both the UK and USA are also listed as Contracting states, so why does the UK assert 70 years after the death of the author and USA 95 years after publication?

I'm new to publishing but I was hoping someone with a bit more experience might be able to shed some light.

 

[quincy]

I'm posting from Ireland.

In the two examples i gave, I highly doubt if they have permission.... Gutenburg only publishes public domain works, so as far as they are concerned whatever they publish is in the public domain, no permisson needed. The audiobook producer in australia specifically mentions that Brave New World is in the public domain there, why would he say that if he had permission?

Is it the case then that in both cases this is perfectly legal since they have broken no laws in their own country?

Would this mean I am governed by the laws in my country regardless of where the material is available?

My goal is stated in my opening post "I'm trying to figure out how differences in copyright law in different parts of the world apply to global digital publication." To expand on this, I would like to be able to offer free public domain works via the internet, i.e. to a global audience.

Lastly, the Berne convention just throws more confusion I'm afraid! It states "As to the duration of protection, the general rule is that protection must be granted until the expiration of the 50th year after the author's death" - which matches with Australia's stated duration but both the UK and USA are also listed as Contracting states, so why does the UK assert 70 years after the death of the author and USA 95 years after publication?

I'm new to publishing but I was hoping someone with a bit more experience might be able to shed some light.

FreeAdvice is a site that focuses on US laws so you will want to meet with an IP professional in Ireland to discuss your plans. But I can offer you some advice.

If you want to use a work that is in the public domain in your country but the work is still copyright-protected in another country, you will want to get permission from the holder of the copyrights in that other country before publishing. Permission is generally granted by a copyright holder/estate in the form of a non-exclusive limited license.

You should consider the laws of the countries where you will be publishing and apply the most restrictive of these laws to your own work.

If you are sued for copyright infringement, the copyright holder could sue you in your country or in the copyright holder's country.

Here is some information (with additional links you should check out) published by American University:
https://subjectguides.library.american.edu/c.php?g=175324&p=1155151