2003

Re: Copyright Query

The Shakespeare Conference: SHK 14.0201  Wednesday, 5 February 2003

[1]     From:   John W. Kennedy <This email 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 email 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 email 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 email 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 email 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 email 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 email 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 email 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 email 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 email 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 email 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 email 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 email 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 email 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 email 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 email 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.

Re: Shakespeare and Research

The Shakespeare Conference: SHK 14.0200  Wednesday, 5 February 2003

[1]     From:   Marcus Dahl <This email address is being protected from spambots. You need JavaScript enabled to view it.>
        Date:   Tuesday, 4 Feb 2003 08:51:13 EST
        Subj:   Re: SHK 14.0185

[2]     From:   R.A. Cantrell <This email address is being protected from spambots. You need JavaScript enabled to view it.>
        Date:   Tuesday, 04 Feb 2003 09:26:21 -0600
        Subj:   Re: SHK 14.0185 Re: Shakespeare and Research


[1]-----------------------------------------------------------------
From:           Marcus Dahl <This email address is being protected from spambots. You need JavaScript enabled to view it.>
Date:           Tuesday, 4 Feb 2003 08:51:13 EST
Subject: 14.0185 Re: Shakespeare and Research
Comment:        Re: SHK 14.0185 Re: Shakespeare and Research

Re: Bohemia's Sea Coast (etc.)

Shakespeare didn't need to have sailed (or not sailed) anywhere to get
his idea that Bohemia had a coastline - he got it from his source text -
Greene's 'Pandosto'.

', that without any suspition they got to the sea shoare, where, with
many a bitter curse taking their leaue of Bohemia, they went aboord,
weighing their Ancres: & hoisting saile, thy passed as fast as winde and
sea would permit towards Sycilia; '

It is fair to assume (as did David Lindley) that an intelligent writer
and listener (not to mention heavy plagiarist) such as Shakespeare need
go no further than book or tavern to glean his 'knowledge' of the world.

Best,
Marcus

[2]-------------------------------------------------------------
From:           R.A. Cantrell <This email address is being protected from spambots. You need JavaScript enabled to view it.>
Date:           Tuesday, 04 Feb 2003 09:26:21 -0600
Subject: 14.0185 Re: Shakespeare and Research
Comment:        Re: SHK 14.0185 Re: Shakespeare and Research

>Though see Golding's translation of Ovid

In my opinion, Golding is much neglected in Shakespeare studies. In
addition to the Ovid, Golding translated Calvin's Sermons on several
books of the Bible and Junius Solinus Polyhistor's Pleasante Works. One
of A. Goldings descendants, Louis Thorne Golding, wrote a biography of
his Puritan ancestor c. 1920 (I think).

All the best,
R.A. Cantrell
<This email address is being protected from spambots. You need JavaScript enabled to view it.>

_______________________________________________________________
S H A K S P E R: The Global Shakespeare Discussion List
Hardy M. Cook, This email 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.

Shakespeare Globe Centre USA Renaissance Revisited

The Shakespeare Conference: SHK 14.0198  Wednesday, 5 February 2003

From:           Tricia McDermott <This email address is being protected from spambots. You need JavaScript enabled to view it.>
Date:           Tuesday, 4 Feb 2003 16:07:43 -0500
Subject:        Shakespeare Globe Centre USA Renaissance Revisited Lecture
Series

Shakespeare Globe Centre USA Renaissance Revisited Lecture Series
Presents

Wednesday February 26th  7:00 pm -- Los Angeles, California

Dr. Andrew Gurr, Former Head of Research at Shakespeare's Globe in
London to lecture on:

Chaos Theory in the First Staging of Shakespeare's Plays: What We do and
Don't Know about Elizabethan Staging.

Hosted by: The Marlborough School
The Intimate Theatre, 250 South Rossmore Los Angeles, CA 90004

Space is limited. To reserve tickets, call 212-947-4510
Email your reservations to: This email address is being protected from spambots. You need JavaScript enabled to view it.
Subject: Gurr Lecture

Tricia McDermott
Executive Director
Shakespeare Globe Centre USA
19 W. 34th St, Suite 1013
New York, NY 10001-3006
Phone: 212-947-4510 Fax: 212-947-8641
www.shakespeareglobeusa.org

_______________________________________________________________
S H A K S P E R: The Global Shakespeare Discussion List
Hardy M. Cook, This email 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.

William Richardson - Female Characters

The Shakespeare Conference: SHK 14.0199  Wednesday, 5 February 2003

[1]     From:   Thomas Larque <This email address is being protected from spambots. You need JavaScript enabled to view it.>
        Date:   Wednesday, 5 Feb 2003 11:39:40 -0000
        Subj:   William Richardson - Female Characters

[2]     From:   Thomas Larque <This email address is being protected from spambots. You need JavaScript enabled to view it.>
        Date:   Wednesday, 5 Feb 2003 13:12:17 -0000
        Subj:   William Richardson - Female Characters (Now Available)


[1]-----------------------------------------------------------------
From:           Thomas Larque <This email address is being protected from spambots. You need JavaScript enabled to view it.>
Date:           Wednesday, 5 Feb 2003 11:39:40 -0000
Subject:        William Richardson - Female Characters

I am currently transcribing a new addition for my website; William
Richardson's "On Shakespeare's Imitation of Female Characters" - the
first detailed consideration of Shakespeare's female characters as a
subject in themselves ever to be published.

This was originally published in 1788 along with an essay on Falstaff,
under the title "Essays on Shakespeare's dramatic character of Sir John
Falstaff: and on his imitation of female characters; To which are added,
some general observations on the study of Shakespeare", but I am working
from "Essays on Some of Shakespeare's Dramatic Characters" (5th edition,
1797), an early collected edition of Richardson's Shakespeare
scholarship.

Unfortunately I seem to have come across a misprint or dropped word
during the transition from one page to the next, and would be very
grateful if somebody with access to the original 1788 printing of the
text would let me know what the original essay said at this point.  The
sentence appears in Richardson's discussion of Beatrice (part 3. of his
section on individual female characters) and reads in my source text:

"Without it, they would perhaps fly from society, like the melancholy
Jacques, who wished to have, but did not possess a very" [NEW PAGE]
"distinguished, though some portion of such ability."

I am not sure whether I am misreading, but I am left wondering "a very
distinguished" what?  I would be grateful to know if there is an extra
word in the original essay.

Of course, I could publish the exact 1797 text and leave my readers as
puzzled as I am by the printed version, but I would rather find the
missing word if there is one.  I would be very grateful for any help
offered.

Thomas Larque.

[2]-------------------------------------------------------------
From:           Thomas Larque <This email address is being protected from spambots. You need JavaScript enabled to view it.>
Date:           Wednesday, 5 Feb 2003 13:12:17 -0000
Subject:        William Richardson - Female Characters (Now Available)

I have worked more quickly than I expected, and can now announce a new
addition to my "Shakespeare and His Critics" website.

I have now uploaded William Richardson's "On Shakespeare's Imitation of
Female Characters" (complete with probable 18th century printing error)
at http://www.shakespearean.org.uk/fem1-ric.htm where it joins a variety
of other sources on Shakespeare's women (mostly concentrating on 19th
century works on Ophelia, so far).

William Richardson's Essay "On Shakespeare's Imitation of Female
Characters" ... first published in 1788.  The first ever detailed
examination of Shakespeare's female characters to be published.
Richardson attempts to defend Shakespeare from accusations that his
female characters are too similar to each other, and less interesting
and less well portrayed than his men.  Richardson argues that
Shakespeare is justified in producing less varied female characters,
since real women show less diversity of character and occupation than
men.  In trying to show the artistic value of Shakespeare's women, he
concentrates upon the "propriety" and "discrimination" of their
characters, arguing that they show proper female reserve and delicacy.
The disdain for Shakespeare's female characters to which Richardson was
responding is probably at least partly explained by the change in
attitudes that accompanied the introduction of female actors in the
mid-seventeenth century.  Shakespeare's plays were considered old
fashioned, since their female parts were written for boys playing
supporting roles, while the more modern playwrights wrote specifically
for female actors and audiences with more interest in leading female
parts.  Richardson particularly discusses Miranda, Isabella, Beatrice,
Portia, and Cordelia.

Thomas Larque.
"Shakespeare and His Critics"
http://shakespearean.org.uk

_______________________________________________________________
S H A K S P E R: The Global Shakespeare Discussion List
Hardy M. Cook, This email 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.

Latest Number of EMLS

The Shakespeare Conference: SHK 14.0197  Wednesday, 5 February 2003

From:           Sean Lawrence <This email address is being protected from spambots. You need JavaScript enabled to view it.>
Date:           Tuesday, 04 Feb 2003 15:56:05 -0400
Subject:        Latest Number of EMLS

Early Modern Literary Studies is pleased to announce its January issue,
a special issue on Middleton. It includes an Introduction by Mathew
Martin of Brock University, and five articles: 'Comedy, Carnival, and
Class: A Chaste Maid in Cheapside' (Rick Bowers, University of Alberta);
'A Yorkshire Tragedy and Middleton's Tragic Aesthetic' (Lisa Hopkins,
Sheffield Hallam University); '"Today, Vindici Returns": Alex Cox's
Revengers Tragedy' (Ben Spiller, University of Warwick); '"O, how my
offences wrestle with my repentance!": The Protestant Poetics of
Redemption in Thomas Middleton's A Chaste Maid in Cheapside' (Alizon
Brunning, University of Central Lancashire); 'Realism, Desire and
Reification: Thomas Middleton's A Chaste Maid in Cheapside' (Pier Paolo
Frassinelli, University of the Witwatersrand); and the usual complement
of reviews and theatre reviews. The issue can be found free online at
http://www.shu.ac.uk/emls/08-3/08-3toc.htm

Dr Lisa Hopkins
Reader in English, Sheffield Hallam University
School of Cultural Studies, Sheffield Hallam University, Collegiate
Crescent
Campus, Sheffield, S10 2BP, U.K.
Editor, Early Modern Literary Studies:
http://purl.oclc.org/emls/emlshome.html

_______________________________________________________________
S H A K S P E R: The Global Shakespeare Discussion List
Hardy M. Cook, This email 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.

Subscribe to Our Feeds

Search

Make a Donation

Consider making a donation to support SHAKSPER.