Abelium

Mein Kampf

Hi Alebium,

I'm not sure if anyone has clearly explained the thinking on Mein Kampf to you. Apologies if you already fully understand the situation:

1. Wikisource's servers are situated in the United States, and subject to US copyright law. For legal purposes, is irrelevant that Mein Kampf has fallen into the public domain in Germany, or the EU, or anywhere else in the world. All that matters is whether or not it is in the public domain in the US.
2. You are probably thinking that it would be absurd for it to remain under copyright in the US if it is fallen into the public domain in its country of origin. Yes, your thinking is sound. Yes, it is absurd. But that doesn't mean it isn't so. Sometimes the law is absurd.
3. In thinking so, you are relying on a principle known as "the rule of the shorter term". Most countries recognise it but the US generally does not.
4. As part of the Uruguay Round Agreements Act 1994, the US did recognise the "rule of the shorter term" in the case of works that had already fallen into the public domain in their country of origin in January 1 1996. But obviously this does not apply to Mein Kampf.
5. So in the case of Mein Kampf, you must set aside German / EU copyright law, and apply US law only. You must understand that the work may remain copyrighted under US law, even if it is in the public domain elsewhere. And you must accept that Wikisource must follow US copyright law.
6. Applying US copyright law only, one finds that it remains under copyright until 95 years after the death of the author.
7. As such, it may legally be hosted on servers that are located elsewhere in the world — for example, WIkilivres is located in Canada — but cannot legally be hosted here on Wikisource.

If any of this stuff is unfamiliar to you — the URAA Act, the Berne Convention, the "rule of the shorter term" etc — then I urge you to undertake a reading program before re-engaging on this issue. Because I think you have already likely wronged Beeswaxcandle, and I wouldn't want you to double down on that.

Kind regards, Hesperian 04:35, 1 January 2017 (UTC)