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tommy_san tommy_san 5 giugno 2013 5 giugno 2013 05:45:17 UTC flag Segnala link Permalink

Hello. Does anyone here know well about law?

I've been adding some quotes from Japanese literature these days.
http://tatoeba.org/eng/sentences_lists/show/2183
I've made it a rule to add only the texts whose copyright has expired in Japan, which roughly means the texts written by authors who died more than 50 years ago. I've been checking whether the name of the author is found in Aozora Bunko (the Japanese equivalent to Project Gutenberg).

However, I was told that it might not be enough that the copyright has expired in Japan.
http://tatoeba.org/eng/sentences/show/2479342
I'm not well acquainted with this kind of thing, so could anyone tell me the criterion for judging if I can add a quote or not?

I think this must be written clearly somewhere in the guidelines.

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sharptoothed sharptoothed 5 giugno 2013 5 giugno 2013 08:58:17 UTC flag Segnala link Permalink

The point of view of a dilettante (me, in other words :-))

The problem about any legislation, including copyright legislation, is that it differs (dramatically sometimes) from country to country. General principles of copyright laws in sphere of literary and artistic works are outlined in Berne Convention for the Protection of Literary and Artistic Works that sets the copyright expiration date, as far as I know, to at least 50 years since the author's death or since the first publication of the work if it happened after the author's death.
But, naturally, the copyright law is a very, very attractive way to make money directly from the air, so many countries extend this period. In Russia, for example, we have 70 years term and other countries may set even longer terms.
Another problem is that the expiration date may depend on particular publication date to meet the letter of the law that was active at that time. This may cause funny effects when the older works are still under the copyright protection while the newer ones are already in public domain.
The all mentioned above considers full works, but, apparently, Tatoeba uses only quotations. Copyright laws may allow this type of usage. For example, Russian laws permit free quotation of a copyrighted work without explicit notification/agreement of the legal owner in informational, scientific, educational and cultural purposes provided that the author name and the publication sources are mentioned. I suspect, other countries may have similar principles in their legislation.

My conclusion is the following: Tatoeba is an international project so it should meet all possible copyright laws to avoid being banned in some country for copyright violation. This means we either have to make a research before posting sentence from any potentially copyrighted sources, or to just avoid posting anything newer than, say, 150 years.

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al_ex_an_der al_ex_an_der 5 giugno 2013 5 giugno 2013 11:00:01 UTC flag Segnala link Permalink

70 years (after the death of the author) will be enough, my friends.

sysko sysko 5 giugno 2013 5 giugno 2013 11:17:43 UTC flag Segnala link Permalink

To what I remember of my Law lessons is the following

In case of international lawsuit (i.e involving people from different country), one juridiction will be chosen as competent for the case

As Tatoeba is hosted in France, is a French legal association, and both founders (Trang and me) are french citizen, I think French law would apply, though they're not the best in our favor (no 'fair use exception' etc. )


After yup 70 years after the author (or translator, something important to keep in mind, if I translate the bible in French my way, it will be copyrighted) is something common among most of country in the world

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tommy_san tommy_san 5 giugno 2013 5 giugno 2013 14:25:41 UTC flag Segnala link Permalink

If we take 70 years, we'll need to delete some quotes, including those by Dazai Osamu (1909-1948) and Kishida Kunio (1890-1954).
http://tatoeba.org/eng/tags/sho...by_Osamu_Dazai
http://tatoeba.org/eng/tags/sho..._Kishida_Kunio

If it's only the French law that matters, then it seems that 50 years is enough for Japanese authors.
http://en.wikipedia.org/wiki/Ru...e_shorter_term

tommy_san tommy_san 5 giugno 2013 5 giugno 2013 14:33:44 UTC flag Segnala link Permalink

Actually there are lots of other quotes that could cause problems.

To name a few:
Paul Éluard (1895-1952)
http://tatoeba.org/eng/tags/sho...ul_%C3%89luard
Bertolt Brecht (1898-1956)
http://tatoeba.org/eng/tags/sho...Bertolt_Brecht
T.S. Eliot (1888-1965)
http://tatoeba.org/eng/tags/sho...by_T._S._Eliot

We might not have to be too nervous, but you know what happened to IMSLP...