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

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Subject: Development of Creative Commons licenses

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Chronological Thread  
  • From: Erik Sandberg <erik.sandberg.9195 AT student.uu.se>
  • To: "Greg London" <email AT greglondon.com>
  • Cc: erik.sandberg.9195 AT student.uu.se, Discussion on the Creative Commons license drafts <cc-licenses AT lists.ibiblio.org>
  • Subject: Re: [Fwd: Re: Licensing of old out-of-copyright facsimiles?]
  • Date: Fri, 17 Dec 2004 01:12:40 +0100

On Tuesday 14 December 2004 16.59, Greg London wrote:
> Erik Sandberg said:
> > 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
>
> I'd agree with the others that this sounds out of whack.
> As someone already mentioned, the only way I can figure they
> could do something like this is if you have to sign some sort
> of "user agreement", but I've never heard of a "user agreement"
> for a public library. You may agree to bring books back within
> "N" number of days, and they may admonish you to not infringe
> on anyone's copyright by photocopying stuff, but I find it hard
> to believe that the library itself can extend its own claim onto
> public domain works.

Perhaps I should clarify: I can not borrow these facsimiles; they are stored
in a very safe storage somewhere. I am allowed to study the facsimiles if I
sit in a special room, and I don't bring a camera. I am also allowed to order
copies of the facsimiles, e.g. by scanning or photocopying or ordinary
photographing. The library claims copyright on these scans, since they
consider it photographing, and photography is (weakly) copyrightable in
Sweden.

Erik




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