Copyrights and the internet

[Robert DeLossa]

It is hard to imagine that the "posting" of the full text of a copyrighted
translation would fall under "fair use" in any situation (unless you could
prove that the _full_ text was necessary for journalistic citation or
scholarly analysis; but even then I think a prudent publisher would want to
secure reprint permission in an analogous print-and-paper situation).

If the translation still has legs (is still selling), you are unlikely to
get reprint permission unless you can show the publisher that your site
will actually help sell books, not detract from sales. (Thus, the cunning
webmaster might write for permission and note that s/he intends to include
links to the publisher's website and also include ordering information for
the paper copy.)

If the translation is out of print or not selling, the publisher might be
more inclined to grant permission, especially if you emphasize the above
points.

The important thing is to have a signed and dated letter (acting as a legal
instrument) that lays out what use you are permitted by the copyright
holder. Otherwise, you are open to legal liability. In order to further
protect yourself, it is best to include the original copyright information
somewhere on the text page (e.g., "Reproduced with permission by XXX.
Originally printed in YYY, (c) 19ZZ by AAA.") Most publishers would require
that anyway.

If you don't seek permission, whether someone actually comes after you is
another matter. Still, it is a bad precedent to set for the kiddies--who
are growing up thinking that everything is in the public domain and
everything they want to do with it is fair use.
--Robert DeLossa

____________________________________________________
Robert DeLossa
Director of Publications
Ukrainian Research Institute, Harvard University
1583 Massachusetts Ave., Cambridge, MA 02138
617-496-8768; fax. 617-495-8097
reply to: rdelossa at fas.harvard.edu
http://www.sabre.org/huri