Fred Bone at [EMAIL PROTECTED] wrote: > ..And so, on a personal note, the grand celestial question remains, does > TREE EDITION (European Patent Register No. 1 038 427) control _all rights > toward ANY form of reproduction of the information found upon the pages of > mss_, or simply the _ visible images of the pages_ that they worked so > diligently to reproduce and make available to a grateful lute community?
Probably neither, in the United States, because U.S. copyright protects only original works, and a facsimile is by definition not an original work. The question has been decided in a published federal trial court decision, but not by a federal court of appeal. I'm told the law is different in some European countries, and putting something on the Web might constitute publication in those countries. Questions of jurisdiction over the Web are far from settled. Howard Posner
