The Copyright Status of Wittgenstein’s Works

Abstract

Abstract Determining the copyright status of a literary work is not always straightforward, because copyrights are territorial and the relevant laws differ significantly country by country. In some legislations, for example, a work’s copyright status may depend on the publication date, on whether the publication was posthumous, on the quantity and quality of editorial interventions the manuscript underwent before publication, etc. 2021 marked the 70th anniversary of Wittgenstein’s death. In many countries, the duration of the copyright term is the author’s life plus 70 years. Thus, as of the moment of this writing, it is important to attempt a comprehensive analysis and to try to determine whether, where and why his manuscripts and his published works are in the public domain. This paper clarifies the general principles of copyright and describes the rules and best practices that must be followed in the context of internet publications. Additionally, it examines the factors that make it particularly challenging to ascertain the copyright status both of Wittgenstein’s published works and of the transcriptions of his manuscripts. Lastly, it provides a detailed account of the copyright status of some of Wittgenstein’s works that were published in the second half of the 20th century, proving that they are in the public domain in most countries.