Dear friends:

I have it on good authority that the pre-1973 rule as it pertains to
books published in either the Soviet Union or the United States and
Britain is, as the unnamed source says, "rock-solid in Russia, and
anyone who tells you otherwise is woefully misinformed."

More specifically, there is NO legal need to request copyright clearance
when publishing translations in the United States of books published in
the Soviet Union prior to 1973 (I believe the approximate date is April,
1973), and, conversely, there is NO legal need to request copyright
clearance when publishing translations in Russia (though NOT necessarily
in the other republics of the former Soviet Union) of books published in
the United States and Britain prior to 1973. However, the person in
question has suggested that anyone publishing a translation in Russia
seriously consider, as a matter of honor, contacting the American or
British publisher in question and pay what, I am told, are usually quite
miniscule copyright permission fees (as applied to Russian publishers,
only, of course, and especially as applied to books that are NOT
best-sellers and are NOT likely, therefore, to generate a large income
for the Russian publisher).

The person in question has explicitly asked for anonymity. The person's
credentials appear to me to be both sterling and professionally
impeccable, in terms of both this person's understanding of copyright
law and practical involvement in issues affecting such Russian copyright
law, its implementation and enforcement.

By the way, the letter by Ralph Cleminson to the Seelangs list fully
confirms the facts above and elaborates on them. Once again here is a
copy of his letter:

"Under European law, an original piece of work is generally protected
for 70 years after the death of its creator.  I believe that a similar
law applies in the United States. The probable answer to your question,
therefore, is that you do need clearance unless the book was published
before 1931 AND its author died before that date.  However, a case of
copyright infringement occurs where the material is being used and a
potential breach of copyright occurs, not where the material was
created.  It is therefore necessary to consult the laws of the country
in which the translation is being made, published and distributed. The
date of 1973 is completely irrelevant to the United States and Britain,
being the date when the Soviet Union adhered to the Berne Convention
on Copyright."

For matters relating to United States copyright law you can consult
http://www.loc.gov/copyright/.

Thank you all so very much.

Benjamin Sher


Sher's Russian Web
http://www.websher.net
Benjamin and Anna Sher
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