VMs: Re: VMS images and copyright

["GC" <gc-@xxxxxxxxxxxxx>]

Walter,

When I requested Beinecke permission to use their photonegative images in my
transcription files, they said they do not hold a copyright to the work, but
ask only that they be acknowledged in the use of their images.  I think
that's a very gracious attitude, and they deserve all the credit due them!

On the other hand, if someone were to try to publish the images in a volume
as a book for profit, something other than research or information value,
Beinecke might have grounds to put their foot down.

GC

----- Original Message ----- 
From: "Walter Ogburn" <ogburn@xxxxxxxxxxxx>
To: <vms-list@xxxxxxxxxxx>
Sent: Saturday, June 19, 2004 7:48 PM
Subject: VMs: VMS images and copyright


> On Thursday 17 June 2004 03:42 pm, Ken W wrote:
> >
> > I'm hoping to recompile a pdf of the complete MS if there is interest
> > and it is not breaking any laws.
> >
>
> That's an interesting question.  I think most of us have assumed that
Beinecke
> Library holds copyright to their digitized images, but that may not be
true.
> These are two-dimensional digital representations of an existing
> two-dimensional work that is clearly in the public domain.  As such they
> reproduce the public domain work as closely as possible, and there is
> unlikely to be any element of original creativity eligible for copyright
> protection.  This idea has been strongly supported in the case of
Bridgeman
> Art Library v. Corel Corporation (see link below), by a U.S. court but
with
> reference to both U.S. and U.K. copyright law.  Therefore, it appears to
me
> very likely that the new sid images, along with earlier images, are in the
> public domain.  In this case you may freely do with them whatever you
like.
>
> Links:
>
> http://www.panix.com/~squigle/rarin/corel2.html
> http://www.law.cornell.edu/copyright/cases/36_FSupp2d_191.htm
>
> Caveats:
>
> 1. I'm not a lawyer!  Make your own judgements.
>
> 2. I think we all recognize the effort and expense that Beinecke has
exerted
> in making these images available, and we should have some respect for
their
> wishes on these grounds alone.  At a bare minimum, an acknowledgement of
> their work is in order.  I have not found any claim of copyright to these
> images on the Beinecke Library's web pages.  Does anyone know what the
> library's current attitude towards use of these images is?  It may have
> changed since the Bridgeman case was decided in 1999.  Perhaps they would
> agree that they are in the public domain, and only request a reasonable
> attribution.
>
> - Walter
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