[sword-devel] DSS (Biblical Dead Sea Scrolls based upon DJD translations)

Andrew Thule thulester at gmail.com
Wed Nov 7 15:21:13 MST 2012

Forgive me.  I forgot to address your question about what constitutes

Dead Sea Scroll translations to date, have been translated by academics,
holding academic positions in academic institutions. The translations have
been (and are being) done for academic purposes, published in academic
publications, such as the one entitled 'Discoveries in the Judean Desert'
(At least, I assume you don't see the production of DJD as a 'commercial
venture').  Dead Sea Scroll 'research', is not a commercial venture (even
if some of its spin-off efforts are).

Even in the copyright case of Professor Elisha Qimron's, the
Israelisupreme court rules that the
scrolls must be kept available for non-commercial purposes.

Therefore, when translations are made publicly available in publications
such as 'Discoveries in the Judean Desert: ISBN13: 9780199566662, use of
those translations for non-commercial purposes clearly falls under 'fair
use' (as courts in both Canada and the US frequently assert)


On Wed, Nov 7, 2012 at 4:35 PM, Andrew Thule <thulester at gmail.com> wrote:

> Peter, I assume you understand the difference between intellectual
> property and copyright.  I also assume you understand the 'derivative work'
> principles of 'fair use' and 'transformativeness'.
> Within science and academia, authors may cite other authors work without
> permission as long as they provide credit (hence the whole business of
> citations) else science and common bodies of knowledge would not progress
> for the sake of humanity.  This is also why copyrighting 'science' or
> 'academic results' is generally frowned upon.
> The Dead Sea scrolls are not themselves copyrightable.  Their
> translations, being the product of largly publically funded academic work,
> falls under the category of intellectual property.  As long as I cite who
> did the original translation and transform the work significantly from its
> originally published form (which I've done) I'm well within 'fair use'
> however much you protest.  Moreover, when 'fair use' is for academic or
> scientific purposes, rather than commercial purposes, the court err on the
> side of free and open.
> Besides, you're not being any kind of spoil sport since you're entitled to
> your opinion and I'm really nor seeking your permission to do anything.  My
> offer is open to the community.
> With the greatest respect.
> ~A
> On Wednesday, November 7, 2012, Peter von Kaehne wrote:
>> On 07/11/12 15:52, Andrew Thule wrote:
>>> It is a derivative work from academic translations, but for now treat as
>>> copyrighted, until I resolve the license issue.  With the exception of
>>> Elisha Qimron's translations (by the Israeli Supreme Court no less), all
>>> other DSS translations are treated as academic or scientific knowledge,
>>> and so free for use, subject to citation.
>> I hate being a spoilsport (and I think I get form in that...), but I do
>> not think this will cut it. What is "academic" in these circumstances?
>> Unless the country the translations have been made somehow PDs all produce
>> by publicly funded universities (unlikely, TBH) then these texts will be
>> subject to the ordinary rules as usual - no publication unless permissions
>> are obtained.
>> Now, I think it would be great to gain permission, and academic sources
>> are often very kind + generous with these, but please be careful not to
>> assume.
>> Peter
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