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cc-nz - [Cc-nz] Inappropriate CC licence??

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Subject: Creative Commons Aotearoa New Zealand discussion

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  • From: Richard White <richard.white AT otago.ac.nz>
  • To: Creative Commons Aotearoa New Zealand discussion <cc-nz AT lists.ibiblio.org>
  • Subject: [Cc-nz] Inappropriate CC licence??
  • Date: Tue, 9 Apr 2013 00:50:16 +0000

Hi all,

 

Many of you will have read Matt’s blog post released this morning about Jem Yoshioka and her lovely work with CC and Public Domain materials fused with her own works.

 

I clicked on the link to go to the original Katherine Mansfield poem here, partly because I was curious about how the repository in question would indicate what rights were associated with the work.  This is related to questions we’ve been asking internally about some of our archival repositories at the University of Otago with quite old material.

 

The work in question – The Opal Dream Cave – was written in 1911 and Mansfield died in 1923, meaning it is now out of copyright, the author having died more than 50 years ago.  Therefore, is it appropriate for the repository in question to apply a CC BY-SA licence to the work when it is actually in the public domain?  In other words the licence applied is actually more restrictive in that it requires attribution and re-use under the same licence.

 

(It can be argued that a digital reproduction of something that is out-of-copyright attracts new copyright, even if this is merely a faithful reproduction of the original, because in NZ for a work to attract copyright it need not necessarily be original in any way, merely requiring effort and skill.  So the scan of the original on the same page could be said to be in copyright but on the page I linked to it’s just the text of the poem itself typed out).

 

I would welcome people’s thoughts on this.

 

Regards

Richard

 

 

Richard White | Subject Matter Expert, Student Management System Project & University Copyright Officer

Darwin House | 61 Clyde Street | University of Otago | Dunedin | New Zealand

Te Whare o Darwin | 61 Clyde Street | Te Whare Wānanga o Otago | Ōtepoti | Aotearoa

(03) (470) 3405 richard.white AT otago.ac.nz | rkawhite on Twitter | Copyright info for staff & students | Open Otago blog | LinkedIn

 

 

 




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