Re: VMs: VMS Thumbnail images

[Jim Gillogly <jim@xxxxxxx>]

GC wrote:
> As I've been reminded so many times in the past, we still need to
> keep in mind that the VMS is a copyrighted manuscript.  Getting

I'm on the conservative end this time as well.  However, I
think it's not accurate to say that the VMs is a copyrighted
manuscript.  My understanding is that copyright for a document
resides in the author and the author's heirs for the life of the
author plus N years, where N == 75 for the Berne Convention,
which the U.S. signed in 1988.  This period is now expired or
danged close even if Voynich forged it. :)

However, photographs and scans of the folios are new documents
themselves, and the copyright on them may be enforced, I think.
Since Yale produced the copyflo and microfilm reproductions,
they can set the terms for those images.  Since they control who
photographs the manuscript in the future, they can set the terms
for those photographs.

However, it seems to me Yale does not control the copyright on
pictures taken before their ownership -- those pictures would
be governed by whatever terms they were taken under.  I think.
This includes plates from Newbold and Kraus (among others), and
the British Library microfilm.

There's also an issue called "fair use", where small pieces of
a copyrighted work may be used for scholarly or illustrative
purposes.  I don't know the limits on this, but I think it's
possible that thumbnails that are too small for analysis but
large enough for recognition would fall into this category.

I'm sure a more informed analysis is available in the archives,
which I haven't searched yet... there's another term for the
glossary, Nick.  If anyone has a more informed understanding of
the applicable bits of copyright law, I'd be happy to be educated.

> permission to use these images is like pulling rusty nails out of
> ones feet - painful, careful, and arduous process.  We still
> aren't positive that Takahashi got the proper permission for his
> layout.

He confirmed to me that he did indeed get permission specifically
for scanning the microfilm and putting the images on the web.

I agree that we need to keep squeaky clean to avoid polluting the
well from which we want to draw a better supply than we've had in
the past.
--
	Jim Gillogly
	Sterday, 21 Afteryule S.R. 2003, 21:10
	12.19.9.16.7, 11 Manik 20 Kankin, Third Lord of Night

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