Hi All,
I'm wondering if anyone on the list can help me figure out some issues having to do with the copyright dates that apply to publications in the EU. Let's say that I've found an edition of a medieval text published in an EU member country in 1973, the author is alive, and I want to publish it on my website. How do I figure out if this is under copyright protection or in the public domain?
Referring to the 1993 EU copyright law (http://europa.eu.int/smartapi/cgi/sga_doc?smartapi!celexapi!prod!CELEXnumdoc...) the critical points are:
Article 5
Critical and scientific publications
Member States may protect critical and scientific publications of works which have come into the public domain. The maximum term of protection of such rights shall be 30 years from the time when the publication was first lawfully published.
If this is the law, then any edition published before 1975 (even if the author is alive) is fair game.
However, Article 1, point 1 says this:
1. The rights of an author of a literary or artistic work within the meaning of Article 2 of the Berne Convention shall run for the life of the author and for 70 years after his death, irrespective of the date when the work is lawfully made available to the public.
(The Berne Convention defines literary or artistic work as "every production in the literary, scientific and artistic domain, whatever may be the mode or form of its expression" - which is pretty broad ( http://www.law.cornell.edu/treaties/berne/2.html). Translations, adaptations, and arrangements count, as do encyclopedias & anthologies.)
So how do I decide if the edition in my hand falls under Article 1 or Article 5? Is it pretty straightforward (any edition of a public domain text falls under Article 5), or is there some ambiguity? I fear the question comes down to, exactly how much do you have to do to a public domain text (Article 5) before it becomes a new original text (Article 1)? What about critical apparatus? Editorial introductions? Is it possible for different parts of the same book to fall under different copyright protections (the edited text vs. the apparatus and introductions)?
Thanks, Dot
-- *************************************** Dot Porter, Program Coordinator Collaboratory for Research in Computing for Humanities University of Kentucky 351 William T. Young Library Lexington, KY 40506
dporter@uky.edu 859-257-9549 ***************************************
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 On 17 Apr 2006, at 19:22, Dot Porter wrote:
Hi All,
I'm wondering if anyone on the list can help me figure out some issues having to do with the copyright dates that apply to publications in the EU. Let's say that I've found an edition of a medieval text published in an EU member country in 1973, the author is alive, and I want to publish it on my website. How do I figure out if this is under copyright protection or in the public domain?
Referring to the 1993 EU copyright law (http://europa.eu.int/smartapi/cgi/sga_doc?smartapi!celexapi!prod! CELEXnumdoc&lg=en&numdoc=31993L0098&model=guichett) the critical points are:
Article 5
Critical and scientific publications
Member States may protect critical and scientific publications of works which have come into the public domain. The maximum term of protection of such rights shall be 30 years from the time when the publication was first lawfully published.
If this is the law, then any edition published before 1975 (even if the author is alive) is fair game.
However, Article 1, point 1 says this:
- The rights of an author of a literary or artistic work within
the meaning of Article 2 of the Berne Convention shall run for the life of the author and for 70 years after his death, irrespective of the date when the work is lawfully made available to the public.
(The Berne Convention defines literary or artistic work as "every production in the literary, scientific and artistic domain, whatever may be the mode or form of its expression" - which is pretty broad ( http://www.law.cornell.edu/treaties/berne/2.html). Translations, adaptations, and arrangements count, as do encyclopedias & anthologies.)
So how do I decide if the edition in my hand falls under Article 1 or Article 5? Is it pretty straightforward (any edition of a public domain text falls under Article 5), or is there some ambiguity? I fear the question comes down to, exactly how much do you have to do to a public domain text (Article 5) before it becomes a new original text (Article 1)? What about critical apparatus? Editorial introductions? Is it possible for different parts of the same book to fall under different copyright protections (the edited text vs. the apparatus and introductions)?
Thanks, Dot
--
Dot Porter, Program Coordinator Collaboratory for Research in Computing for Humanities University of Kentucky 351 William T. Young Library Lexington, KY 40506
dporter@uky.edu 859-257-9549
Digital Medievalist Project Homepage: http://www.digitalmedievalist.org Journal (Spring 2005-): http://www.digitalmedievalist.org/journal.cfm RSS (announcements) server: http://www.digitalmedievalist.org/rss/ rss2.cfm Wiki: http://sql.uleth.ca/dmorgwiki/index.php Change membership options: http://listserv.uleth.ca/mailman/ listinfo/dm-l Submit RSS announcement: http://www.digitalmedievalist.org/newitem.cfm Contact editorial Board: digitalmedievalist@uleth.ca dm-l mailing list dm-l@uleth.ca http://listserv.uleth.ca/mailman/listinfo/dm-l
Peter Robinson Institute for Textual Scholarship and Electronic Editing Elmfield House, Selly Oak Campus University of Birmingham Edgbaston B29 6LG P.M.Robinson@bham.ac.uk p. +44 (0)121 4158441, f. +44 (0) 121 415 8376 www.itsee.bham.ac.uk
Thanks Peter,
My first thought was exactly what you say - that article 5 only applies after the work passes into the public domain (after life + 70 years). But if the text from which my hypothetical 1974 edition was made was in the public domain to begin with, wouldn't the edition fall under Article 5, not Article 1?
Dot
On 4/17/06, Peter Robinson P.M.Robinson@bham.ac.uk 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
On 17 Apr 2006, at 19:22, Dot Porter wrote:
Hi All,
I'm wondering if anyone on the list can help me figure out some issues having to do with the copyright dates that apply to publications in the EU. Let's say that I've found an edition of a medieval text published in an EU member country in 1973, the author is alive, and I want to publish it on my website. How do I figure out if this is under copyright protection or in the public domain?
Referring to the 1993 EU copyright law (http://europa.eu.int/smartapi/cgi/sga_doc?smartapi!celexapi!prod!CELEXnumdoc...) the critical points are:
Article 5
Critical and scientific publications
Member States may protect critical and scientific publications of works which have come into the public domain. The maximum term of protection of such rights shall be 30 years from the time when the publication was first lawfully published.
If this is the law, then any edition published before 1975 (even if the author is alive) is fair game.
However, Article 1, point 1 says this:
- The rights of an author of a literary or artistic work within the meaning
of Article 2 of the Berne Convention shall run for the life of the author and for 70 years after his death, irrespective of the date when the work is lawfully made available to the public.
(The Berne Convention defines literary or artistic work as "every production in the literary, scientific and artistic domain, whatever may be the mode or form of its expression" - which is pretty broad ( http://www.law.cornell.edu/treaties/berne/2.html). Translations, adaptations, and arrangements count, as do encyclopedias & anthologies.)
So how do I decide if the edition in my hand falls under Article 1 or Article 5? Is it pretty straightforward (any edition of a public domain text falls under Article 5), or is there some ambiguity? I fear the question comes down to, exactly how much do you have to do to a public domain text (Article 5) before it becomes a new original text (Article 1)? What about critical apparatus? Editorial introductions? Is it possible for different parts of the same book to fall under different copyright protections (the edited text vs. the apparatus and introductions)?
Thanks, Dot
--
Dot Porter, Program Coordinator Collaboratory for Research in Computing for Humanities University of Kentucky 351 William T. Young Library Lexington, KY 40506
dporter@uky.edu 859-257-9549
Digital Medievalist Project Homepage: http://www.digitalmedievalist.org Journal (Spring 2005-): http://www.digitalmedievalist.org/journal.cfm RSS (announcements) server: http://www.digitalmedievalist.org/rss/rss2.cfm Wiki: http://sql.uleth.ca/dmorgwiki/index.php Change membership options: http://listserv.uleth.ca/mailman/listinfo/dm-l Submit RSS announcement: http://www.digitalmedievalist.org/newitem.cfm Contact editorial Board: digitalmedievalist@uleth.ca dm-l mailing list dm-l@uleth.ca http://listserv.uleth.ca/mailman/listinfo/dm-l
Peter Robinson Institute for Textual Scholarship and Electronic Editing Elmfield House, Selly Oak Campus University of Birmingham Edgbaston B29 6LG P.M.Robinson@bham.ac.uk p. +44 (0)121 4158441, f. +44 (0) 121 415 8376 www.itsee.bham.ac.uk
Digital Medievalist Project Homepage: http://www.digitalmedievalist.org Journal (Spring 2005-): http://www.digitalmedievalist.org/journal.cfm RSS (announcements) server: http://www.digitalmedievalist.org/rss/rss2.cfm Wiki: http://sql.uleth.ca/dmorgwiki/index.php Change membership options: http://listserv.uleth.ca/mailman/listinfo/dm-l Submit RSS announcement: http://www.digitalmedievalist.org/newitem.cfm Contact editorial Board: digitalmedievalist@uleth.ca dm-l mailing list dm-l@uleth.ca http://listserv.uleth.ca/mailman/listinfo/dm-l
-- *************************************** Dot Porter, Program Coordinator Collaboratory for Research in Computing for Humanities University of Kentucky 351 William T. Young Library Lexington, KY 40506
dporter@uky.edu 859-257-9549 ***************************************
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!
Dear everyone as scholarly editions in digital form are dear to many of us: this seems an appropriate place to notify the publication of two new digital editions. They are: Prue Shaw's edition of Dante's Monarchia. This is particularly significant for two reasons: a. it is the first of a projected series of publications of italian medieval texts. Details of further publications currently in preparation will be given in a session at this year's Kalamazoo, by Prue Shaw, Bill Colman and Edvige Agostinelli. b. it is a co-publication with the Societa Dantesca Italiana, who arranged all image permissions for both DVD and internet publication. This sets an important precedent: it would have been so difficult, as to have been impossible, for any publisher to have arranged this. As the premier Dante scholarly association, SDI was perfectly placed to do this. What they have done for Dante, other scholarly associations might do for other authors. Paul Thomas's edition of the Nun's Priest's Tale. As well as being the fourth 'single-tale' publication from the Canterbury Tales Project (www.canterburytalesproject.org), it is the first by a project partner: and again, we hope, an excellent precedent. Details of these, with links to online samples, can be found at www.sd-editions.com -- which is also offering a nice pre-publication price for both editions. Best wishes Peter Robinson
Dear all,
Belated thanks for the advice and suggestions re: European copyright. I'm still interested, so if anyone has anything else to say about it please feel free to contact me off-list!
Thanks, Dot
On 4/17/06, Dot Porter dporter@uky.edu wrote:
Hi All,
I'm wondering if anyone on the list can help me figure out some issues having to do with the copyright dates that apply to publications in the EU. Let's say that I've found an edition of a medieval text published in an EU member country in 1973, the author is alive, and I want to publish it on my website. How do I figure out if this is under copyright protection or in the public domain?
Referring to the 1993 EU copyright law (http://europa.eu.int/smartapi/cgi/sga_doc?smartapi!celexapi!prod!CELEXnumdoc...) the critical points are:
Article 5
Critical and scientific publications
Member States may protect critical and scientific publications of works which have come into the public domain. The maximum term of protection of such rights shall be 30 years from the time when the publication was first lawfully published.
If this is the law, then any edition published before 1975 (even if the author is alive) is fair game.
However, Article 1, point 1 says this:
- The rights of an author of a literary or artistic work within the meaning
of Article 2 of the Berne Convention shall run for the life of the author and for 70 years after his death, irrespective of the date when the work is lawfully made available to the public.
(The Berne Convention defines literary or artistic work as "every production in the literary, scientific and artistic domain, whatever may be the mode or form of its expression" - which is pretty broad ( http://www.law.cornell.edu/treaties/berne/2.html). Translations, adaptations, and arrangements count, as do encyclopedias & anthologies.)
So how do I decide if the edition in my hand falls under Article 1 or Article 5? Is it pretty straightforward (any edition of a public domain text falls under Article 5), or is there some ambiguity? I fear the question comes down to, exactly how much do you have to do to a public domain text (Article 5) before it becomes a new original text (Article 1)? What about critical apparatus? Editorial introductions? Is it possible for different parts of the same book to fall under different copyright protections (the edited text vs. the apparatus and introductions)?
Thanks, Dot
--
Dot Porter, Program Coordinator Collaboratory for Research in Computing for Humanities University of Kentucky 351 William T. Young Library Lexington, KY 40506
dporter@uky.edu 859-257-9549
-- *************************************** Dot Porter, Program Coordinator Collaboratory for Research in Computing for Humanities University of Kentucky 351 William T. Young Library Lexington, KY 40506
dporter@uky.edu 859-257-9549 ***************************************
Did you follow the Digital Classicist discussion?
On Thu, 2006-20-04 at 13:17 -0400, Dot Porter wrote:
Dear all,
Belated thanks for the advice and suggestions re: European copyright. I'm still interested, so if anyone has anything else to say about it please feel free to contact me off-list!
Thanks, Dot
On 4/17/06, Dot Porter dporter@uky.edu wrote:
Hi All,
I'm wondering if anyone on the list can help me figure out some issues having to do with the copyright dates that apply to publications in the EU. Let's say that I've found an edition of a medieval text published in an EU member country in 1973, the author is alive, and I want to publish it on my website. How do I figure out if this is under copyright protection or in the public domain?
Referring to the 1993 EU copyright law (http://europa.eu.int/smartapi/cgi/sga_doc?smartapi!celexapi!prod!CELEXnumdoc...) the critical points are:
Article 5
Critical and scientific publications
Member States may protect critical and scientific publications of works which have come into the public domain. The maximum term of protection of such rights shall be 30 years from the time when the publication was first lawfully published.
If this is the law, then any edition published before 1975 (even if the author is alive) is fair game.
However, Article 1, point 1 says this:
- The rights of an author of a literary or artistic work within the meaning
of Article 2 of the Berne Convention shall run for the life of the author and for 70 years after his death, irrespective of the date when the work is lawfully made available to the public.
(The Berne Convention defines literary or artistic work as "every production in the literary, scientific and artistic domain, whatever may be the mode or form of its expression" - which is pretty broad ( http://www.law.cornell.edu/treaties/berne/2.html). Translations, adaptations, and arrangements count, as do encyclopedias & anthologies.)
So how do I decide if the edition in my hand falls under Article 1 or Article 5? Is it pretty straightforward (any edition of a public domain text falls under Article 5), or is there some ambiguity? I fear the question comes down to, exactly how much do you have to do to a public domain text (Article 5) before it becomes a new original text (Article 1)? What about critical apparatus? Editorial introductions? Is it possible for different parts of the same book to fall under different copyright protections (the edited text vs. the apparatus and introductions)?
Thanks, Dot
--
Dot Porter, Program Coordinator Collaboratory for Research in Computing for Humanities University of Kentucky 351 William T. Young Library Lexington, KY 40506
dporter@uky.edu 859-257-9549
--
Dot Porter, Program Coordinator Collaboratory for Research in Computing for Humanities University of Kentucky 351 William T. Young Library Lexington, KY 40506
dporter@uky.edu 859-257-9549
Digital Medievalist Project Homepage: http://www.digitalmedievalist.org Journal (Spring 2005-): http://www.digitalmedievalist.org/journal.cfm RSS (announcements) server: http://www.digitalmedievalist.org/rss/rss2.cfm Wiki: http://sql.uleth.ca/dmorgwiki/index.php Change membership options: http://listserv.uleth.ca/mailman/listinfo/dm-l Submit RSS announcement: http://www.digitalmedievalist.org/newitem.cfm Contact editorial Board: digitalmedievalist@uleth.ca dm-l mailing list dm-l@uleth.ca http://listserv.uleth.ca/mailman/listinfo/dm-l
-
Daniel O'Donnell -
Dot Porter -
James Cummings -
Peter Robinson