Clearance question - Mein Kampf
Why is it that PG maintains the fiction that MK is still in copyright when Fredonia is publishing a PD version? Obviously they know something we don't or haven't bothered to find out. Fredonia books are printed and distriibuted in the US. Fredonia has 1770 PD books listed on Amazon.com and University Press of the Pacific (Honolulu) have 3407, many of these post 1923. Fredonia in fact lists the source they are copying in their books. I have not examined any Pacific Press books yet. It would seem that PG would not be treading in dangerous waters by following the lead of these publishers. I agree that the fact that numerous copies of MK survive on the Internet is no reason to assume PD status, but hard copy books in quantity in the US are another matter which should bear some study. I have yet to see a book by these publishers where research does not show a presumption of PD status Perhaps PG if not "pushing " the envelope, should at least crawl inside it. N Wolcott nwolcott2@post.harvard.edu
On 14 Sep 2005, at 11:18, N Wolcott wrote:
Why is it that PG maintains the fiction that MK is still in copyright when Fredonia is publishing a PD version? Obviously they know something we don't or haven't bothered to find out. Fredonia books are printed and distriibuted in the US.
From what I understand, after the war the state of Bavaria confiscated all of Adolf Hitler's properties, including any copyrights he owned. As the author of Mein Kampf, he owned the copyrights to that work.
Copyright in the E.U. has since been "harmonized" to life+70. Leaving conspiracy theories aside, Hitler died in 1945, which means the book is burdened by copyright until 2016. I have no doubt many governments will think of something else to censor the book at that point--or they will simply cease to care and let art and nature run its course. This also means that in most countries in the world (mostly Life+50 regimes), Mein Kampf is indeed in the public domain, though it may be censored using different tools and on different grounds. Wikipedia claims that the Dutch and English situation is different; but does not explain the latter. In the case of the Netherlands, the Dutch government seized the copyrights and forbids publication on the grounds that the text incites hatred (which is a crime or a fellony over here in some cases). Whether Mein Kampf is burdened by copyright in the US depends on whether it was published there or not, IIRC. IANAL. This is not legal advice. Mein Kampf first appeared in Germany in 1925. -- branko collin collin@xs4all.nl
My guess is that restrictions on the sale of Mein Kampf have nothing to do with copyright, but rather with the fact that a number of European countries (including, I believe, Germany) ban the possession of the book. Hugh MacDougall, Cooperstown, NY
Hugh MacDougall wrote:
My guess is that restrictions on the sale of Mein Kampf have nothing to do with copyright, but rather with the fact that a number of European countries (including, I believe, Germany) ban the possession of the book.
Posession is legal here, offering it for sale is illegal though. Some public libraries even carry it, but it may not be easy to borrow it. I doubt that this situation will last very long, however. Regards, Walter
Walter van Holst wrote:
My guess is that restrictions on the sale of Mein Kampf have nothing to do with copyright, but rather with the fact that a number of European countries (including, I believe, Germany) ban the possession of the book.
Posession is legal here, offering it for sale is illegal though.
Trading is illegal only if the copy is a reprint made after 1945. Ironically, Hitler made himself a law prohibiting the second-hand resale of his book, thus increasing his revenues.
Some public libraries even carry it, but it may not be easy to borrow it. I doubt that this situation will last very long, however.
At the rate the German government is going, most likely they will start presenting a copy to all new-married couples before long. -- Marcello Perathoner webmaster@gutenberg.org
Marcello Perathoner wrote:
Trading is illegal only if the copy is a reprint made after 1945.
Which is funny, over here it is illegal, regardless of the date of the reprint.
Some public libraries even carry it, but it may not be easy to borrow it. I doubt that this situation will last very long, however.
At the rate the German government is going, most likely they will start presenting a copy to all new-married couples before long.
You mean that finally waking up and smelling the coffee of economic reality implies a return to fascism? I was more thinking along the lines of the freedom of speech debate in the Netherlands, and the public opinion is gradually changing to a point where it is no longer political incorrect to say that it is pointless to ban the trade of copies of Mein Kampf. Spreading hate will remain illegal, at least, I hope it will. Regards, Walter
Walter van Holst wrote:
You mean that finally waking up and smelling the coffee of economic reality implies a return to fascism?
I mean that some influential people in Germany are again smelling the real economic advantages that fascism brings to themselves, and are selling them as economic advantages for everybody. -- Marcello Perathoner webmaster@gutenberg.org
participants (5)
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Branko Collin -
Hugh MacDougall -
Marcello Perathoner -
N Wolcott -
Walter van Holst