Copyright my foot!

[SIMON LEVACK]

Galen wrote:

<<assuming that the passage cited is not eing taken out of context, I
assume that this applies to images that you obtain directly from the
manuscript or original book. In other words, you wouldn't be able to
reproduce an image taken from a facsimile edition without permission
from the publisher, right?>>

Right.  Now as I understand the *legal* position (and bear in mind that
my expertise, for what it's worth, is as a former *English* lawyer - the
position in all or any of the 50 US jurisdictions will differ, if only
in detail) is that copyright in the *original* image belongs (if it ever
existed at all - I'm not sure there was such a concept 400 years ago!)
to the creator of the original document (and for all practical purposes
can be ignored) but of course copyright in a facsimile belongs to the
creator of the facsimile (in the same way as, if you took a photograph
of me, you would own the copyright in the photo, but not in its subject,
ie my face).

However, in practical terms, if you ask a library to provide you with a
copy of a document in their possession, I guess they may attach whatever
conditions they think fit to the service they have provided you, ie
copying the document and sending it to you.

Bear in mind also that (1) the library may have had copyright in the
original document assigned to them (though if it has expired that should
not make a difference) and (2) any alteration to a document will be the
property of the creator of the alteration.

I think the answer is to check the library's terms and conditions very
carefully!  If they are purporting to charge you for or attach
conditions to the use of copyright material, *on the grounds that it is
copyright material*, they are probably wrong unless they actually do own
the copyright.  On the other hand if they are saying 'we will copy this
item for you (or even give you access to it for the purpose of making
your own copy) provided that...' then I would think they may do that,
and impose pretty much any conditions they like.

Simon Levack
Author of the Aztec Mysteries
Please take a few moments to visit my website at
www.simonlevack.com