If you are the fan of a great author who happens to be dead, and you want to create a website about him, and you want to record all his work in audio and post it there so everybody can enjoy his stuff whitout paying a buck, is that legal?
I am talking about Jorge Luis Borges. He died in 1986, and since then his widow (who happened to be his former secretary) has been in a thousand trials with different people re the copyrights. She's blocked the re-edition in France of his work, she changed the English translations , she's been all the time tangled in absurd battles with the former friends of Borges, she even fired the maid of Borges as soon as he died,an elderly lady who had been working for more than 40 years for the Borges family, and she basically kicked her out of the house.
In other words: textbook material of a gold digger.
So that's why I'd like to create this page. There's a lot of free material of Borges on the net, but I'd do a new website, with all his collected work , and then I'd record everything on audio , so students of Spanish could learn spoken Spanish and enjoy Borges at the same time, totally for free.
Would this be legal? And it wasn´t what's the worse that could happen to me, just get the page shut down??
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Question about copyrights?
Matriarch
You're in Spain, so legally I believe you'll have to wait for 70 years after the time of death: http://en.wikipedia.org/wiki/List_of_countries'_copyright_length. 46 more years you'll be able to carry out your plan from the looks of things, otherwise expect to be caught up in the legal battles yourself.
However, the "Fair Use" doctrine concerning copyrighted works (http://en.wikipedia.org/wiki/Fair_use laws) states that a decision against your use of his work if it went to court, would consider this in particular: 1.the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes.
You could argue that his wife is witholding vital works of literature which could benefit mankind. I wouldn't hold your breath though with that defence...
However, the "Fair Use" doctrine concerning copyrighted works (http://en.wikipedia.org/wiki/Fair_use laws) states that a decision against your use of his work if it went to court, would consider this in particular: 1.the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes.
You could argue that his wife is witholding vital works of literature which could benefit mankind. I wouldn't hold your breath though with that defence...
Wow, thanks for the info,Nicola, that's what I call acuracy. I wish I had 70 years to wait, but aint the case, so I will go for it. The whole thing will be totally free, it's just a personal homage, I think all the great classics of literature should be free and universal on the internet, it has a lot of cultural interest.
Besides, I will add a forum on the website for the fans of Borges to meet and comment his wok, I will gather a little amy of supporters in case the widow tries something against me,Lol.
Besides, I will add a forum on the website for the fans of Borges to meet and comment his wok, I will gather a little amy of supporters in case the widow tries something against me,Lol.
Constant Gardener
http://www.feedbooks.com/
* Little blurb inserted on a .pdf document of an HP Lovecraft novella I'm reading - by Feedbooks.com
Copyright: This work is available for countries where copyright is Life+70.
Note: This book is brought to you by Feedbooks.
http://www.feedbooks.com
Strictly for personal use, do not use this file for commercial purposes.
* Little blurb inserted on a .pdf document of an HP Lovecraft novella I'm reading - by Feedbooks.com
Copyright: This work is available for countries where copyright is Life+70.
Note: This book is brought to you by Feedbooks.
http://www.feedbooks.com
Strictly for personal use, do not use this file for commercial purposes.
The same GQP demanding we move on from January 6th, 2021 is still doing audits of the November 3rd, 2020 election.
Smiley Guru
Quote by javier
In other words: textbook material of a gold digger.
You might try looking in a mirror.
A Copyright is the ownership of a piece of property. Now maybe you don't like the idea that someone else owns something you like, but you have no right to it.
Creating an audio version of a written copyrighted work is called creating a derivative work, and or could be deemed a public performance of a copyrighted work. Both are considered an infringement.
When someone decides to steal someone else's property like this, even if they intend to give it away like some sort of self imporatant Robin Hood, then that person is still a thief.
Quote by javier
Would this be legal? And it wasn´t what's the worse that could happen to me, just get the page shut down??
No it's not legal. With all due respect, the worst is that you get away with it. The best is that she nails your stealing butt to the wall, you pay the court costs, damage to the value of the work (loss of potential sales of a body of work with apparantly a very restriced amount of availablilty therefore a high value) and punitave damages. That's additional money awarded as punishment for being a jerk.
Matriarch
I was being a little more subtle about it, but Playmale is absolutely correct.