Peter Robinson wrote:
Dot sorry to disillusion you... I think the article 5 reference only applies AFTER the work has come into the public domain, whereupon a member state might, for some reason or other, say, ha!! we don't really want that to be public! let's slap some more protection on it (up to a limit of 30 years). In your case, because the editor is still alive, then it most certainly has not come into the public domain, and article 5 does not apply. But, hey, I am not a copyright lawyer. And indeed there are many arguments about just what is and is not copyrightable in critical editions. all the best peter
Dot,
I would second what Peter says here. The only way you can get permission to use it is to contact the editor and most likely the publisher. The editor *may* have copyright in the work, but may have signed away all his rights to the publisher. Additionally, the publisher will have copyright in that particular published edition for 25 years. (I.e. its arrangement, divisions, where pagebreaks fall, choice of typeface, etc.) Don't even ask about photographs...
http://www.intellectual-property.gov.uk/ has some more information about the UK, if that is of any help. But basically, ignore the state of the material before it was edited, article 5 probably does not apply, given that the editor is still alive, it will probably be under copyright until 70 years after his death. He may not own this copyright though and the publish may be willing to licence it to you given its age if they do not think they'll be losing money.
As Peter also notes, I'm not a lawyer and this is not official legal advice.
-James --- Dr James Cummings, Oxford Text Archive, University of Oxford Ask me about free long-term preservation of your electronic editions!