On 25 Jul 2006 at 12:29, Johannes Gebauer wrote: > On 20.07.2006 Andrew Stiller wrote: > > Under US copyright law, the only thing Saur can copyright about such > > a collection of PD material is the collection itself--that is, the > > selection and ordering of the contents. If you don't copy that (that > > is to say, the whole damn collection, or a *really* substantial > > portion of it) you are totally in the clear--and in the right too. > > Not that I am any expert on this, but I think that there are > exceptions for this kinds of prints, especially if no other edition, > facsimile or engraved, exists. This may very well count as the very > first publication (even if individual pieces have been in print in the > past or present), and it could be, that the library gave the > publication rights to Saur. In that case you may very well be > violating their copyright by photocopying from the facsimile. > > It is admitedly a grey area, but I don't think any individual would > want to risk a court case on this, since in the recent past there have > been several rulings on very similar matters, which surprised at least > some.
Well, certainlly you wouldn't be able to find a *publisher* for your edition without permission from the library that holds the MSS that you base your edition on. But that's a very different issue from printing out copies from a microfilm reproduction. I would think the scholar's fair use exemption (the same one that allows a scholar to make a single photocopy of a published article for personal study) would apply to that, though many libraries in the US these days will pay the copying fees to the periodical publishers regardless. But I believe that applies only when you have library personnel doing the copying, not when you do it yourself. I would have *no* qualms about printing from a commercially published microfilm, even though any number of libraries may not like it and may not provide facilities where I could make the copies. -- David W. Fenton http://dfenton.com David Fenton Associates http://dfenton.com/DFA/ _______________________________________________ Finale mailing list [email protected] http://lists.shsu.edu/mailman/listinfo/finale
