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Wikisource:Direitos de autor
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#REDIRECT [[Ajuda:Direitos autorais]]
| title = Copyright policy
| section =
| previous =← [[WS:PAG|Policies and guidelines]]
| next =
| shortcut = [[WS:COPY]]
| notes = This copyright policy interprets copyright laws to provide license information on Wikisource. This policy is not in itself legally binding, but interprets the English GNU Free Documentation License or GFDL ([[w:GNU Free Documentation License|encyclopedic article]], [[m:GNU Free Documentation License|text]]) which is.
The copyright laws applicable to Wikisource are primarily those of the United States of America, where the physical Wikimedia servers are located. The United States is not obliged to extend copyright beyond what it would be in the author's own country, and virtually all countries have copyrights that last for the author's life plus some number of years.
== Contributors' rights and obligations ==
All works on Wikisource must be in the public domain or released under a license compatible with the GFDL. It is the responsibility of the contributor to assert compatibility with Wikisource's license. Failure to do so may result in the deletion of the text and potential banning of the user if they persist in violating this. A template should be used on the source material page to indicate the licence that the source material is posted under.
Most recent written works are subject to [[w:copyright|copyright]]. '''Works under copyright may be incompatible with Wikisource's [[w:copyleft|copyleft]] license.''' Someone owns them unless they have been explicitly placed in the [[w:public domain|public domain]]. Works on the Internet need to be licensed directly from the copyright holder or someone able to license on their behalf.
=== Original works or translations ===
Original works or translations placed on Wikisource are thereby licensed under the GFDL. The copyright holder retains copyright, and can later republish and relicense the works in any way they like. However, the work will be released under the GFDL forever. Works may, at the copyright holder's discretion, be licenced with less restrictive terms than those of the GFDL, such as placing the contributions in the public domain.
=== Translations or recordings of a source work ===
Translations or recordings of a source work are considered ''derivative works'' of that source material. The contributor thereby warrants that the source material is either public domain in the United States, or that they have permission from the copyright holder to create the derivative work and license it under the GFDL.
=== Linking to copyrighted works ===
Linking to copyrighted works is usually not a problem, as long as you have made a reasonable effort to determine that the page in question is not violating ''someone else's'' copyright. If it is, please do ''not'' link to the page.
=== Prohibited licenses ===
==== Fair use ====
"Fair use", also known as "fair dealing", is the concept that unlicenced copyrighted work can be legally used without paying licencing fees or recieving permission of the copyright holder (see [[w:Fair use|Wikipedia's article on fair use]]). Fair use is '''explicitly prohibited on Wikisource.'''
As described by the [[w:Fair_use#Amount_and_substantiality|Amount and substantiality]] clause, reproducing whole works is not fair use. See the legal precedent set in ''Harper & Row v. Nation Enterprises'' (1985); as stated by [[w:Harper & Row v. Nation Enterprises|Wikipedia's article on the subject]], the US Supreme Court "''determined that fair use is not a defense to the appropriation of work by a famous political figure simply because of the public interest in learning of that political figure's account of an historic event.''" Further, "''the use of less than 400 words from President Ford's memoir by a political opinion magazine was interpreted as infringement because those few words represented "the heart of the book" and were, as such, substantial.''"
==== Non-commercial licenses ====
Although Wikisource itself does not make commercial use of works, its license does allow redistributors to make such commercial use. Therefore, '''works with non-commercial licenses are prohibited from Wikisource'''.
Such licenses are prohibited by decision of the President of the Wikimedia Foundation, as indicated by the 2004 message by [[w:Jimbo Wales|Jimbo Wales]] entitled "[http://mail.wikimedia.org/pipermail/wikien-l/2004-April/012156.html <nowiki>[WikiEN-l]</nowiki> Use of noncommercial-only images]". In 2006, Jimbo Wales explicitly confirmed in [irc://irc.freenode.net/#wikimedia #wikimedia] that this decision applied to Wikisource, declaring that "Noncomercial-only licenses are basically the same thing as torturing kittens."<!-- Seriously. :) --> [[w:User:Angela|Angela]], board member, has also explicitly stated noncommercial licenses to be unacceptable; see "[http://mail.wikipedia.org/pipermail/foundation-l/2006-February/006015.html <nowiki>[Foundation-l] Re: [Juriwiki-l]</nowiki> Re: Copyright complaints]".
== Redistribution ==
You can copy public domain material without additional restrictions. All documents on Wikisource should be public domain unless otherwise indicated. Wikisource's license allows free use, modification, and redistribution (commercial or otherwise). Some texts are hosted on Wikisource using particular licenses, which should be respected.
== Copyright violations ==
If you find an article that infringes a copyright, you may request that the page be removed from Wikisource by posting at [[Wikisource:Possible copyright violations]]. Alternately, you may contact the [[wikimedia:Designated agent|Wikimedia Foundation's designated agent]] and request its removal. The page will be immediately blanked with a copyright violation notice until the issue is resolved. You should provide some evidence to support your claim of ownership. One possible piece of information you can provide is a URL or other reference to what you believe may be the source of the text.
Contributors which deliberately and repeatedly add copyrighted texts after being notified of this policy may be blocked from editing the project.
== See also ==
* Wikimedia's [[w:Wikipedia:designated agent|designated agent]] under the [[w:Online Copyright Infringement Liability Limitation Act|OCILLA]]
* [[Help:Copyright and Wikisource]]
* [[Wikisource:Copyright tags]]
* [[Wikipedia:Wikipedia:Spotting possible copyright violations|Spotting possible copyright violations]]
* [[Wikipedia:Wikipedia:Standard GFDL violation letter|Standard GFDL violation letter]]
[[fr:Wikisource:Respect du copyright]]
[[Categoria:Políticas do Wikisource|Copyright]]
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