Titanic victory for fair use: appeals court says Google's book-scanning is legal

The copyright for the German version is currently owned by Bavaria (some shady deal after the 2nd WW) and Mein Kampf is not published here.

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Thanks for the info! Copyright does not prevent a new translation because a translation is a creative “derivative work” under copyright law. And someone could publish the German unless bavaria actually decided to sue as there is no “copyright police” that slaps handcuffs on people.

It does not prevent translation, but I think the copyright holder of the original work can hinder publication?

All published version after 1945 of Mein Kampf (all languages) are afaik not official/legal as the Bavarian state never licensed the work.

Nobody could stop publication of a new translation - the exemption for creative work is pretty broad, and “creative” means any intellectual activity that couldn’t be done with a couple lines of Python.

Copyright of Derivative Works And Compilations

So if you translate a book to English and publish it in the US the original author has no legal means to stop you?

The translation is a new work that can be copyrighted, but I don’t believe the US law about derivatives is so broad that a translation voids the copyrights of the original version completely.

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[quote=“renke, post:25, topic:67648”]
So if you translate a book to English and publish it in the US the original author has no legal means to stop you?
[/quote]We often see multiple translations of the same work. But if someone publishes a novel, I would assume they apply for international copyrights. But there is no “copyright police” just like there is no “patent police.” People sue over minor similarities of books and movies, but I think book ideas get stolen internationally pretty often. For instance “Ordinary People” seems to be a ripoff of a French novel.

The translation of a screenplay could be done (badly) by software, so copyright would hold up for a literal translation. A translation of Mein Kampf would be a major original work of scholarship and a derivative work that does not infringe the original copyright that nobody would be willing to protect anyway.


“It is crucial to have permission from the author, company, or individual that owns the copyright of the work you are translating” [0].

More or less how I understand copyright law within the constraints of the Berne convention, the whole discussion about “translations are derivative works with own copyright”, “fair use” and “threshold of originality” are needless diversions.

The Bavarian state doesn’t license Hitler’s work, afaik no translation done while Hitler was alive was licensed by him, so all published versions of his book are not legal (not sure if they do something about it outside of Germany).

I believe it’s stupid, but Bavaria believes it can destroy ideas with the help of copyright (it was even discussed if Mein Kampf should be declared illegal, but this was too idiotic even for our politicians).

American copyright laws lean towards free speech (including commercialization) much more than other countries. That is to say that they are much more generous in their definition of public domain and fair use. Canada basically came into line with US practices as a result of NAFTA.

I just read the German WP article about Mein Kampf: Hitler’s publisher sold the right for UK and US in the 1930s, Random House (How are they called nowadays? Random Penguin or so?) is the current copyright owner for the English version.

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wrongful appropriation? Seems some wikipedian has a chip on his shoulder. Unless it’s a term of art, in which case, it should probably be explained.

Hitler died in 1945, so Mein Kampf will enter the public domain on 1 January 2016. The Bavarian goverment is not happy about this at all but there is little they can do about it apart from (a) getting the Federal government to pass a law that says the usual copyright law doesn’t apply to Hitler’s notorious book, or (b) getting a Disney-style general copyright term extension for everything, both of which are unlikely (and the German legislature has some bigger fish to fry, anyway).

In any case, Mein Kampf isn’t actually banned in Germany – there have been no new copies printed after the war, but as every bride and groom in the Third Reich got one as a gift from the state on the occasion of their wedding and it was forbidden to sell or buy the book on the used-book market (in order to protect Hitler’s income stream), there are stil loads of copies about, and it is perfectly legal to own one. And of course nowadays the book is fairly easy to find on the Internet.

All of which doesn’t detract from the fact that Mein Kampf consists of very tedious prose that is difficult and boring to read nowadays (on top of the fact that its content is mostly stupid and obnoxious). It would probably be useful to turn people off Nazism in the way that reading the Bible cover-to-cover tends to turn people off Christianity. Making it hard to obtain just lends the book an air of mystery that makes it a lot more fascinating to certain circles than it deserves, but once they have it (as we’ve said, not a real problem if you apply yourself) it’s not as if they could use it for light bedtime reading. For sure the people now protesting against Germany taking in foreign refugees don’t carry copies of Mein Kampf in their pockets.

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If you’re going to translate it do second book as well so you can really get your hitler on.
(Yes his second book is called second book. Can take over half of europe but can’t think of 2 book titles).

Yes, they are, but the Google watermarks are non-destructive overlays. You can remove them from the PDF sources if you know what you’re doing.

I have the second book in English, which is supposedly regarded as Hitler’s work but there is very little mention of Hitler writing a 250 page manuscript. Probably most of it was written by Goebbels. Mein Kampf seems to have been a group project while Hitler and his posse were under what amounted to little more than house arrest after the Beer Hall Putsch. Anyway #2 is pretty dull. Hitler still wanted a truce with England, he ponders the “South Tyrolean question” and other current events, and there is a bit of bad mouthing of the Jews and Freemasons tacked on at the end.

That “painter” was rejected at the art school. He was not a student.

That rejection is one of Austria’s greatest historic regrets. That, and the regrettable absence of modern German cars at the beginning of the 20th century.

And as for those other Austrian students… the “Austrian school” of economics has been quite thoroughly disowned by Austrian politics. “Neoliberalism” is one of the bogeymen that unite left-wing and a majority of the right-wing voters.

“Passing Hitler in the street” is a crime now?

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Of course they could, as the US is a signatory to the Berne Convention. There might be some exceptions for older works, as the US was not always a signatory, and I don’t think all the provisions were applied retroactively.

There is no such thing as “applying for international copyrights”. You hold a copyright whenever you create something copyrightable.

Current English translations are probably still under copyright and might be for some time to come. However, the only basis for preventing people from making new translations is the Bavarian state’s copyright in the original, which expires at the end of this year.

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An interesting development in an important case. I take exception with one comment in the article:

[quote=“doctorow, post:1, topic:67648, full:true”]
[Read the post]The aggregate value of all the copyrighted Web-pages they’ve indexed certainly exceeds the value of all the books ever printed…[/quote]

This sounds incredible, whether we’re looking in economic terms or in terms of recognized value to humanity. Nearly every literate educated person for the last several hundred years owes it to printed books in myriad form and language. Adjusted for inflation, the total economic activity must be enormous and dwarf anything web-based print has accomplished in these past twenty-six years since the initial development of the World Wide Web in 1989.

I’ll tell you what, if the grid collapses or information and culture are altered and interfered with from the top in a networked digital medium, I for one am going to be grateful the bulk of humanity’s knowledge and information is in paper form. If longevity-for-cost is a metric of technology, books are still more advanced than any digital print storage medium in widespread use today.

Finally, something’s been nagging at me badly with digital print medium and digital media in general. What does your family inherit when you die? What does identity even mean when the things that are important to you are stored in some corporate database and are wiped out when your account ends, and in the meantime, it’s occasionally perused and evaluated/judged for other purposes by hackers, the corporation, and the government?

Anyway, kudos to Google I think-- particularly with respect books and editions that have not been reprinted or published in over 25 years; lots of things are essentially abandoned and lost to the Internet; what they’re is accomplishing by indexing it is important for lots of reasons. Ditto with their searchable scanned newsprint. We have to know the past to understand the present, etc… It’s nice if that can be accomplished without research trips to multiple far-flung libraries.

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Well people that adhere to Austrian School economics to the point of idolizing von Mises tend to be raging xenophobes, yes it’s a crime for them. These are the same people that think the Frankfurt School are secretly running the world.

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I thought it was a euphemism…

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