Make a Donation

Consider making a donation to support SHAKSPER.

Subscribe to Our Feeds

Current Postings RSS

Announcements RSS

Home :: Archive :: 2003 :: February ::
Re: Copyright Query
The Shakespeare Conference: SHK 14.0201  Wednesday, 5 February 2003

[1]     From:   John W. Kennedy <
 This e-mail address is being protected from spambots. You need JavaScript enabled to view it
 >
        Date:   Tuesday, 04 Feb 2003 10:24:14 -0500
        Subj:   Re: SHK 14.0192 Copyright Query

[2]     From:   Michael Best <
 This e-mail address is being protected from spambots. You need JavaScript enabled to view it
 >
        Date:   Tuesday, 04 Feb 2003 10:19:07 -0800
        Subj:   Re: SHK 14.0192 Copyright Query

[3]     From:   Dale Lyles <
 This e-mail address is being protected from spambots. You need JavaScript enabled to view it
 >
        Date:   Tuesday, 4 Feb 2003 15:31:38 EST
        Subj:   Re: SHK 14.0192  Copyright Query

[4]     From:   Gabriel Egan <
 This e-mail address is being protected from spambots. You need JavaScript enabled to view it
 >
        Date:   Wednesday, 5 Feb 2003 00:07:03 -0000
        Subj:   Re: SHK 14.0192 Copyright Query

[5]     From:   Frank Hildy <
 This e-mail address is being protected from spambots. You need JavaScript enabled to view it
 >
        Date:   Wednesday, 05 Feb 2003 01:25:47 -0500
        Subj:   Re: SHK 14.0192 Copyright Quer

[6]     From:   Hadd Judson <
 This e-mail address is being protected from spambots. You need JavaScript enabled to view it
 >
        Date:   Tuesday, 4 Feb 2003 20:46:40 -0500
        Subj:   Re: SHK 14.0192 Copyright Query

[7]     From:   Clifford Stetner <
 This e-mail address is being protected from spambots. You need JavaScript enabled to view it
 >
        Date:   Wednesday, 5 Feb 2003 08:30:26 -0500
        Subj:   Re: SHK 14.0192 Copyright Query


[1]-----------------------------------------------------------------
From:           John W. Kennedy <
 This e-mail address is being protected from spambots. You need JavaScript enabled to view it
 >
Date:           Tuesday, 04 Feb 2003 10:24:14 -0500
Subject: 14.0192 Copyright Query
Comment:        Re: SHK 14.0192 Copyright Query

Clifford Stetner <
 This e-mail address is being protected from spambots. You need JavaScript enabled to view it
 > asks,

>In the course of my dissertation work, I put together an electronic
>edition of Robert Chester's Love's Martyr which I would like to make
>available on my website. Let's say hypothetically that this was a scan
>of a photocopy taken from a British Library copy of Grosart's 1807
>edition, but I only reproduced the facsimile of the 1601 text. As long
>as I am not using it for commercial purposes, are there any possible
>copyright issues?

I asked about this when I was doing "Double Falshood", and was told that
the US libraries I worked with did not claim any copyrights except for
such things as unique manuscripts that had never yet been transcribed.

[2]-------------------------------------------------------------
From:           Michael Best <
 This e-mail address is being protected from spambots. You need JavaScript enabled to view it
 >
Date:           Tuesday, 04 Feb 2003 10:19:07 -0800
Subject: 14.0192 Copyright Query
Comment:        Re: SHK 14.0192 Copyright Query

Clifford Stetner asks carefully, "Let's say hypothetically that this was
a scan of a photocopy taken from a British Library copy of Grosart's
1807 edition, but I only reproduced the facsimile of the 1601 text. As
long as I am not using it for commercial purposes, are there any
possible copyright issues?"

My understanding is that while the work is out of copyright, the image
belongs to the institution that owns the book. When you order a
photocopy of a work you usually have to agree to conditions on its
use-and while you are not making any profit from the images, you would
still need permission to reproduce them.

Cheers--
Michael Best
Coordinating Editor, Internet Shakespeare Editions
<http://www.uvic.ca/shakespeare>

[3]-------------------------------------------------------------
From:           Dale Lyles <
 This e-mail address is being protected from spambots. You need JavaScript enabled to view it
 >
Date:           Tuesday, 4 Feb 2003 15:31:38 EST
Subject: 14.0192  Copyright Query
Comment:        Re: SHK 14.0192  Copyright Query

Copyright on the internet is where it gets sticky.

Certainly neither the 1601 text nor the 1807 text is in copyright.
However, if the *image* of the 1807 edition was produced by the British
Library, then I suspect that said image would be copyrighted by BL,
unless they're like the LOC and can't copyright anything themselves.
See how complicated it gets?

It all depends on how one, hypothetically, stumbled across this image of
a page.

Dale Lyles
Newnan Community Theatre Company

[4]-------------------------------------------------------------
From:           Gabriel Egan <
 This e-mail address is being protected from spambots. You need JavaScript enabled to view it
 >
Date:           Wednesday, 5 Feb 2003 00:07:03 -0000
Subject: 14.0192 Copyright Query
Comment:        Re: SHK 14.0192 Copyright Query

Clifford Stetner asks about copyright

>Let's say hypothetically that this was a scan
>of a photocopy taken from a British Library
>copy of Grosart's 1807 edition, but I only
>reproduced the facsimile of the 1601 text.
>As long as I am not using it for commercial
>purposes, are there any possible copyright
>issues?

No. Grosart's been dead more than 70 years.  Even if there were
'issues', you'd be well advised to ignore them: as you're not making
money from it, you'd only (at worst) be asked to desist.

(If anyone advises you differently, ask them to name someone who's got
into trouble for this, or even merely to name a case that came to court.
Then point them to the Early Modern Literary Studies issue on
Shakespeare on Film at www.shu.ac.uk/emls that's illustrated with video
clips that the studios didn't give permission for. That's the spirit.)

Gabriel Egan

[5]-------------------------------------------------------------
From:           Frank Hildy <
 This e-mail address is being protected from spambots. You need JavaScript enabled to view it
 >
Date:           Wednesday, 05 Feb 2003 01:25:47 -0500
Subject: 14.0192 Copyright Query
Comment:        Re: SHK 14.0192 Copyright Query

For what is might be worth, it is my understanding that technically the
answer to your question is no, there are no copyright issues here-the
material you are using is in public domain.

On the other hand, museums have long claimed rights to things for which
they own the only copy.  When these are unique works of art, those have
not ever been "published" so they never really go into public domain and
it is easy for a museum to assert rights over such objects.  But when
museums assert their rights to things that have been published before
1927 (I think that is now the date) -- well then I think it all depends
on what you signed to get access to the work in the first place and how
much the museum thinks it is worth their while to get on you about it.
Does anyone out there know of a test case on the issue of published
material for which a collection owns the only copy?  Surely one of the
Folger people would know about this though I am not sure the answer they
would give would be the legal answer.  I suspect you web site would not
put you in any danger if the item is indeed as you have hypothetically
represented it.

Prof. Franklin J. Hildy, Director
Ph.D. Program in Theatre & Performance Studies
University of Maryland
Dept. of Theatre, Univ. of Maryland <<http://www.theatre.umd.edu>>
History of the Theatre, 9th ed. , 2003
<<http://www.ablongman.com/brockett9e>>
Shakespeare Globe Center USA, Research Archive
<<http://www.sgc.umd.edu>>

[6]-------------------------------------------------------------
From:           Hadd Judson <
 This e-mail address is being protected from spambots. You need JavaScript enabled to view it
 >
Date:           Tuesday, 4 Feb 2003 20:46:40 -0500
Subject: 14.0192 Copyright Query
Comment:        Re: SHK 14.0192 Copyright Query

Dear Mr. Stetner,

To answer your question "As long as I am not using it for commercial
purposes, are there any possible copyright issues?"  YES.

In general terms in the English speaking world one can usually make a
copy known as an archive copy with no legal ramifications.  This archive
copy has to be kept with the original copy.  This implies ownership and
possession of the original material.  To make any other type of copy
whether for commercial or noncommercial purposes is normally prohibited
unless one has the consent and permission of the holder of the copyright
to make and publish the copy.  There maybe stipulations that go along
with the consent and permission.  These can be original publish date,
author, number of copies, current holder of copyright, etc.  If the
material is in the public domain then no consent or permission is
necessary.  Best advice: contact the British Library and ask for their
opinion.

Hadd Judson

[7]-------------------------------------------------------------
From:           Clifford Stetner <
 This e-mail address is being protected from spambots. You need JavaScript enabled to view it
 >
Date:           Wednesday, 5 Feb 2003 08:30:26 -0500
Subject: 14.0192 Copyright Query
Comment:        Re: SHK 14.0192 Copyright Query

Dear Shakespeareans:

Thanks to all who sent me off list advice (and in advance for onlist
advice), some of which I took and contacted the British Library who
incontinently sent me the following:

"If the author has been dead for over 70 years (or if the work is
anonymous then 70 years from date of publication) then the work is out
of copyright and can be freely used.

If the work is still in copyright then you may make a copy under the
fair dealing provision which will allow copying for research or private
study providing there is no loss to the rights holder. As the original
is so old it will not still be in print so you are not depriving them of
a sale. When UK law changes (now due in Spring 2003) copies may only be
made for research of a non-commercial nature or for private study. there
are some frequently asked questions on the BL Copyright office web page
at http://www.bl.uk/copyright which will give you some guidance as to
what may or may not be seen as commercial."

Anyone, therefore, interested can view a complete (but still not
proofread) edition of Robert Chester's Loves Martyr including
Shakespeare's The Phoenix and the Turtle as well as poetry by Marston,
Chapman and Jonson and unknown others at:

http://phoenixandturtle.net/loves_martyr.htm

Clifford Stetner
CUNY
http://phoenixandturtle.net/ESA/conference.htm

_______________________________________________________________
S H A K S P E R: The Global Shakespeare Discussion List
Hardy M. Cook, 
 This e-mail address is being protected from spambots. You need JavaScript enabled to view it
 
The S H A K S P E R Web Site <http://www.shaksper.net>

DISCLAIMER: Although SHAKSPER is a moderated discussion list, the
opinions expressed on it are the sole property of the poster, and the
editor assumes no responsibility for them.
 

©2011 Hardy Cook. All rights reserved.