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cc-licenses - Re: [Fwd: Re: Licensing of old out-of-copyright facsimiles?]

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  • From: Mike Linksvayer <ml AT creativecommons.org>
  • To: cc-licenses AT lists.ibiblio.org
  • Cc: erik.sandberg.9195 AT student.uu.se
  • Subject: Re: [Fwd: Re: Licensing of old out-of-copyright facsimiles?]
  • Date: Mon, 13 Dec 2004 16:35:44 -0800

Erik Sandberg wrote:
On Monday 13 December 2004 20.35, Mike Linksvayer wrote:
Does the library really get to claim copyright on photocopies (I'm
assuming that's what "fascimiles" means) of public domain material?

Yes. I can choose between photocopies and scans of this material, which is clearly public domain. But I am not allowed to assist in the copying process, I have to pay them to do it. For some vague reasons, the library does not only claim copyright for the photocopying action, they also use the copyright to put very high restrictions on the notes.

IANAL, but this strikes me as very odd. I could understand perhaps if they make a contractual claim -- in order to obtain the photocopies, you agree not to do X, Y and Z with them. But I fail to see how they can make a valid copyright claim when it seems they have added nothing to the works, just photocopied them (handwritten scores iirc).

It's a big library (Uppsala University library, www.ub.uu.se) and they do have their own lawyers, so I assume their copyright claims are legal. (though they are quite much against the principles of 'public good' and information freedom that libraries historically have supported)

It wouldn't surprise me to find that they're making trumped up claims regarding their copyright rights.

Again I am an ignoramous and not a lawyer and certainly CC has no position here. Just curious, please hit me with a cluestick!

--
Mike Linksvayer
http://creativecommons.org/about/people#21




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