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Copyvio?

[edit]
thread moved from Wikipedia:Sockpuppet investigations/Guildenrich
Look here. Sulmues asked me to do it. I translated it from Fjalori Enciklopedik Shqiptar. [1] Stupidus Maximus (talk) 11:42, 13 May 2010 (UTC)[reply]
Incidentally, if you translated it, and kept close enough to the original to even take over that present tense, it's a copyvio. Please request speedy deletion if it's a translation. Fut.Perf. ☼ 11:51, 13 May 2010 (UTC)[reply]
The book was published by the comunist regime[2]. No private property or copyright at the time. Stupidus Maximus (talk) 11:55, 13 May 2010 (UTC)[reply]
It is a wide-spread misunderstanding that there was no copyright in communist regimes. It's simply not true. Fut.Perf. ☼ 12:02, 13 May 2010 (UTC)[reply]
I have here the book, doesnt say copyright anywhere. Give me any comunist copyright information. Or i write the article differently. No problem. Stupidus Maximus (talk) 12:04, 13 May 2010 (UTC)[reply]
A book doesn't need to explicitly mention copyright in order to be copyrighted. Albanian copyright law is here: [3]. It has the usual life-of-author-plus-70-years rule, and applies retroactively also to works published before the law was passed. If a book was published by a state-owned agency under the communist regime, then its economic right are still owned by the state, or by whatever private body has inherited the assets of that institution. Fut.Perf. ☼ 12:10, 13 May 2010 (UTC)[reply]

Future, can you move Talk:Gjerasim Biriazi to Talk:Gjerasim Qiriazi? Thanks. Stupidus Maximus (talk) 12:07, 13 May 2010 (UTC)[reply]

Oops. Fut.Perf. ☼ 12:10, 13 May 2010 (UTC)[reply]

I'll work on it, give me some time. We may use many of the sources I used for his sister, Parashqevi Qiriazi. And again, no copyrights from the Albanian Fjalori Enciclopedik Shqiptar (FESH) of 1985. The law you brought is from 1992 and is NOT retroactive. Per this articles 315 up to 328 of the Civil Code of the Republic of Albania were repealed by the 1992 law, and those articles apply for the FESH. Those articles I believe state that every published book can be used by anybody, meaning the people of Albania, however it's worth checking them. However, they don't apply anymore anyways. That law is the first copyright law ever issued in Albania and I don't know of any Albanian court suing in terms of that law for books published prior to 1992. So I don't think we need to fear anything. --Sulmues Let's talk 12:38, 13 May 2010 (UTC)[reply]

Why don't you just read the law? Yes, it is retroactive. Just because you and many other people aren't aware of it doesn't mean it's not in force. Fut.Perf. ☼ 12:45, 13 May 2010 (UTC)[reply]

The only retroactivity that you may see refers to art works (c) Intellectual property of art works, created before this law was approved, are used according to the dispositions determined by this law provided that the economic rights are fulfilled after the proposed changes have come into power. An encyclopedia is NOT an art work, and actually, even art works are not protected, because it clearly says the law will apply unless the author was paid. Artists were always paid. Bottom line, no fear. --Sulmues Let's talk 12:50, 13 May 2010 (UTC)[reply]

I'll grant you that (except for the bit about the author being paid, which I can't see anywhere in the text), but actually, this seems to have been modified in a later version anyway: [4]. It now says: "he provisions of this law shall apply to: […] (d) Works created before the moment this law came into force but have not yet fallen into the public domain through the expiry of the term of protection afforded under this law." This applies to all works. Fut.Perf. ☼ 12:54, 13 May 2010 (UTC)[reply]

unless the author was paid was my translation of the legal provided that the economic rights are fulfilled after the proposed changes have come into power. Hm, Skender Gjinushi has striked again with an even worse wording than that of Sali Berisha. The way I read the amended 2000 version of the 1992 law refers to all copyrighted work, but it's unclear, first because it has an asterisk which is not explained and second because it's an untypical retroactivity. In doubt, I'll delete the article and put it under construction. How's that? --Sulmues Let's talk 13:08, 13 May 2010 (UTC)[reply]

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