Re: [Fwd: [sword-devel] FACTS]
Mon, 6 Jan 2003 20:23:05 -1000
It's pretty clear that minor alterations to scanned material do
not constitute a derivative work and do not transfer ownership of
the text away from the public to the scanner.
Further, if someone believes they have created a new work of
authorship, shouldn't they at least change the name of the text?
Say Joe Smoe scans a commentary, then edits it so much that it
qualifies for copyright -- shouldn't it now be "Shmoe's
Monday, January 6, 2003, 5:50:14 PM, email@example.com wrote:
> On Mon, 6 Jan 2003, Keith Ralston wrote:
>> > Both of these guys seem to think they get a copyright for being first to
>> > put these PD works into electronic form.
>> I'm not sure, but I believe this works like translations of pd works. The
>> _translation_ is copyrightable. Of course, you have to include the
>> copyright notice in your work.
> Copyright is granted for creative works (for the purpose of encouraging
> the production of additional creative works).
> Translations are copyrighted because they are creative works, requiring
> lots of right-hemispheric cognitive work.
> Electronic editions of PD works are still PD. Changing the format like
> this does not require creativity, just good OCR or untiring fingers.
> Adding markup is likewise not creative if it approximates that of the
> original. Essentially the only way to make a PD work copyrightable by
> making an electronic edition is to make changes to it that are creative
> (i.e. to make a bad copy). In that situation, only the additions are
> copyrighted and the underlying text remains PD (and may be retrieved by
> rolling back alterations).
> This is similar to works in a collection. If you collect a bunch of PD
> texts and put them in a collection (in print, on CD, or whatever) you do
> get a copyright for the collection--after all it took some creativity to
> decide which texts should be included and how to order them. However, the
> texts themselves remain PD.
> For more info from the source, I would recommend reading through the US
> Copyright Office circular 14, regarding derivative works, which is
> available online at http://www.copyright.gov/circs/circ14.pdf .
- Brandon Staggs
Composed for firstname.lastname@example.org
at 8:20:08 PM on Monday, January 06, 2003