User:Pathoschild/Copyright discussion

General arguments
These are arguments used for every category of work.


 * For inclusion:
 * Being concerned over legal issues for these works is copyright paranoia.
 * Should anyone complain about copyrighted material, we can easily remove it then.
 * For exclusion:
 * Such works are not free and do not belong in a free library run by a foundation whose mission is "encouraging the growth, development and distribution of free, multilingual content".
 * Adding questionable works decreases the usefulness of the project for redistributors, who can then not assume that any work from Wikisource is usable to them.
 * Not being concerned over legal issues for these works is copyright irresponsibility.

Background
'Presumed public domain' includes works that are not explicitly released into the public domain and don't match the normal criteria, but which are assumed to be in the public domain because they are addressed to the public. Manifestos and speeches have traditionally been hosted on Wikisource under a presumed public domain license. The expanded criteria would also allow any work displayed in mass media, where the broadcasters did not author the content, to be presumed public domain.

Arguments

 * For inclusion:
 * Publication in the mass media implicitly releases works into the public domain or assumes they are in the public domain, since they are intended to be widely broadcast.
 * The lack of litigious precedents can be considered evidence that there is no case for litigation.
 * For exclusion:
 * Publication in the mass media may be done under questionable rights granted under the fair use law (which is prohibited on Wikisource), or as legal distribution as the heirs of the copyright, or under the assumption that the copyright can be safely ignored without lawsuits.
 * Wikisource should not attempt to set its own legal precedents.

Background
Orphaned works are copyrighted works whose authors are difficult or impossible to contact. The United States and the European Commission are considering allowing the exploitation of orphaned works through compulsory license legislation, as Canada has already enacted. Although the United States has not yet passed such legislation, a number of orphaned works are already hosted on Wikisource. Other works were previously in that category because they were published before January 1, 1978 without the copyright holders' permission in a media source without an individual copyright notice.

Arguments

 * For inclusion:
 * — (see general arguments)
 * For exclusion:
 * There is no passed legislation recognizing orphaned works in the United states.
 * Such works remain copyrighted and are not free, and Wikisource should not host such works even if it can get away with it.
 * The publishing of the pre-1978 works may have been in violation of state copyright laws.

Background
Unenforceable copyrighted works are subject to copyright which cannot be enforced in the United States due to the International Emergency Economic Powers Act, which makes all commerce with an enemy state or organization illegal.

Arguments

 * For inclusion:
 * Copyright held by enemy states and organization can be ignored under the act.
 * Some works can be used as fair use, which is a form of unenforceable copyright.
 * For exclusion:
 * Like fair use, such works are still copyrighted.
 * IEEPA sanctions are often temporary, and hosting such works violates moral rights regardless of legal rights.

Discussions
Discussions in chronological order.