Copyright on facsimiles?

General copyright-related issues and discussions

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Carolus
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Post by Carolus »

If you can get the file down to about 70MB for a color scan, that should be OK for anyone with broadband (DSL or cable modem) to download. It will take a bit longer to upload (upolading is typically slower for a lot of broadband connections), but it should nevertheless be possible.

Breaking the file up into manageable chunks is often helpful, too.
Esclippa
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Re: Copyright on facsimiles?

Post by Esclippa »

Hello!

I know this is a long-dead thread, but it contains information I'm really interested in, and I'm not yet able to send messages.

Carolus, I was very excited to hear the information you cited about facsimiles for original works that are in public domain, as I'm trying to compile a guide to copyright as it relates to manuscript facsimiles--especially medieval manuscripts. Is there any way you could link me to the source of your information, or some other cite-able resource?

Thank you!
Carolus
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Re: Copyright on facsimiles?

Post by Carolus »

In the USA, the two most important cases were 1. Feist Publications, Inc. vs. Rural Telephone Service Co. of 1991, where the concept of "threshold of originality" was addressed, and 2. Bridgeman Art Library v. Corel Corp., which held that photographs or digital facsimiles of two-dimensional public domain originals lack sufficient originality for copyright protection. As of January 1, 2003, all unpublished work of known authors dead over 70 years entered the US public domain. Keep in mind that works first published between 1923 and 1977 might be protected for 95 years from the date of publication, and works first published between 1978 and 2002 could be under copyright until 2048 - even if they are works of authors dead for centuries.
Esclippa
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Re: Copyright on facsimiles?

Post by Esclippa »

Thank you very much! I was familiar with Bridgeman v. Corel, but not Feist v. Rural. This is very helpful!
Gradski
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Re: Copyright on facsimiles?

Post by Gradski »

Carolus wrote:In the USA, the two most important cases were 1. Feist Publications, Inc. vs. Rural Telephone Service Co. of 1991, where the concept of "threshold of originality" was addressed, and 2. Bridgeman Art Library v. Corel Corp., which held that photographs or digital facsimiles of two-dimensional public domain originals lack sufficient originality for copyright protection. As of January 1, 2003, all unpublished work of known authors dead over 70 years entered the US public domain. Keep in mind that works first published between 1923 and 1977 might be protected for 95 years from the date of publication, and works first published between 1978 and 2002 could be under copyright until 2048 - even if they are works of authors dead for centuries.
The copyright will last long after the dead of the artists because the record labels still have the rights unfortunately. Thank you for this information. It is very useful.
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