Dear list members,

I have a related question. In the introduction to the soon to be finished 
edition of Vidhiviveka, Nyāyakaṇikā, etc., I include an image each from two mss 
of Nyāyakaṇikā in the Nepal National Archives collection (filmed by the Nepal 
German project). In an appendix, I include details of six folios to illustrate 
the reading of a word in one of these manuscripts. I expect the edition to 
appear as a printed book (not online). I scanned the microfilms, which I 
received in 1978 and 1980, about ten years ago for personal use in completing 
the edition. Do I have any legal obligation to get permission from the Nepal 
National Archives for use of this selection of images, or is this considered a 
fair use of copyrighted materials? I am of course gratefully identifying the 
source.

Elliot M. Stern
552 South 48th Street
Philadelphia, PA 19143-2029
[email protected]
267-240-8418

> On Apr 11, 2022, at 9:26 AM, Charles DiSimone via INDOLOGY 
> <[email protected]> wrote:
> 
> Dear Harry Spier,
> 
> I believe you are thinking of the NGMPP and not the NGMCP, which is the later 
> caloging initiative started in the 2000s. Some years ago while I was working 
> at BDRC I had attempted to forge some agreement to make the NGMPP images 
> available online. For example, in Hamburg there is an intranet with many of 
> these images available to research staff (I'm not sure if this is the case 
> still). During a trip there, I had a meeting about this where I laid out my 
> understanding of copyright law, which I understand just as Jonathan and 
> Stefan have already explained, and was met with polite but firm disagreement 
> where I was told that it would be absolutely impossible to make the images 
> publicly available. I looked into the situation with the National Archives in 
> Nepal and, as Prof. Michaels has suggested, they do not wish for these images 
> to be freely available. I was told that this may hypothetically change at 
> some point, but at least five or so years ago it was impossible. Good luck!
> 
> With my kind regards,
> Charles
> 
> Dr. Charles DiSimone
> Department of Languages and Cultures
> Ghent University
> 
> 
> On Mon, Apr 11, 2022 at 3:13 PM Harry Spier via INDOLOGY 
> <[email protected] <mailto:[email protected]>> wrote:
> Thank you Dr. Michaels,
> Its my understanding that the NGMCP project started around 1970, so some of 
> the photographs/microfilm were taken over 50 years ago. That makes me wonder 
> if by international copyright law, some of the earlier images are not already 
> legally in the public domain.  
> 
> I think for books, if the copyright is owned by an individual then the 
> copyright expires 50 or 75 years after the authors death, but if the 
> copyright is owned by a government then the copyright expires 50 or 75 years 
> after the date of publication.  (I'm not sure if this is by international 
> copyright law or just by Indian copyright law) and I'm wondering if it is the 
> same case for photographs/microfilm. I.e. copyright expires 50 or 75 years 
> after the photograph was taken.
> Harry Spier
> 
> 
> On Mon, Apr 11, 2022 at 4:38 AM Michaels, Prof. Dr. Axel 
> <[email protected] <mailto:[email protected]>> 
> wrote:
> As far as I know, National Archives Nepal does not allow the NGMPP microfilms 
> or any scans  from manuscripts or documents to go online. The reason ist the 
> same as Jonathan mentioned: they want to make money. The situation is 
> terribly complicated and many colleagues have suffered from it. However, you 
> can always ask for a permission to publish the copies, and the South Asia 
> Institute branch office of Heidelberg University in Patan is ready to give 
> you assistance: see here: https://www.sai.uni-heidelberg.de/kathmandu/ 
> <https://www.sai.uni-heidelberg.de/kathmandu/>
>  
> 
> What we do in our project on cataloguing and editing  historical documents 
> from the NGMPP collection (https://abhilekha.adw.uni-heidelberg.de 
> <https://abhilekha.adw.uni-heidelberg.de/>; 
> https://nepalica.hadw-bw.de/nepal/catitems/searchpage 
> <https://nepalica.hadw-bw.de/nepal/catitems/searchpage> but unfortunately 
> today not reachable due to maitenance work), we publish images under a 
> special agreement with a low resolution .
> 
>  
> 
> Best,
> 
> Axel
> 
>  
> 
>  
> 
> __________________________________________________
> 
>  
> 
> <image001.png>
> 
> Prof. Dr. Axel Michaels
> 
> Senior Professor
> 
> Centre for Asian and Transcultural Studies (CATS)
> 
> Südasien-Institut / South Asia Institute
> 
> Universität Heidelberg
> 
>  
> 
> Vossstr. 2, Geb. 4130
> 
> D-69115 Heidelberg
> 
>  
> 
> T: +49-6221-5415209
> 
> E: [email protected] <mailto:[email protected]>
> W: https://www.sai.uni-heidelberg.de/krs/abteilung/michaels.html 
> <https://www.sai.uni-heidelberg.de/krs/abteilung/michaels.html>
>       www.hadw-bw.de/nepal.html <http://www.hadw-bw.de/nepal.html>, 
> https://www.hadw-bw.de/en/research/research-center/nepal-heritage-documentation-project-nhdp
>  
> <https://www.hadw-bw.de/en/research/research-center/nepal-heritage-documentation-project-nhdp>
>  
> 
>  
> 
>  
> 
>  
> 
>  
> 
>  
> 
> From: INDOLOGY <[email protected] 
> <mailto:[email protected]>> on behalf of 
> "[email protected] <mailto:[email protected]>" 
> <[email protected] <mailto:[email protected]>>
> Reply to: Harry Spier <[email protected] 
> <mailto:[email protected]>>
> Date: Sunday, 10. April 2022 at 14:56
> To: "[email protected] <mailto:[email protected]>" 
> <[email protected] <mailto:[email protected]>>
> Subject: [INDOLOGY] NGMCP images and copyright law
> 
>  
> 
> Dear list members,
> 
> Does anyone know, if according to international copyright law, the manuscript 
> images of the  NGMCP (Nepal German Manuscript Cataloguing project) will 
> eventually go into public domain. And if so, when.  Or do the agreements 
> signed between the project and the Nepal government supercede this, and the 
> Nepal government has copyright for the images forever.
> 
> Thanks,
> 
> Harry Spier
> 
> 
> _______________________________________________
> INDOLOGY mailing list
> [email protected] <mailto:[email protected]>
> https://list.indology.info/mailman/listinfo/indology 
> <https://list.indology.info/mailman/listinfo/indology>
> 
> _______________________________________________
> INDOLOGY mailing list
> [email protected]
> https://list.indology.info/mailman/listinfo/indology





Attachment: smime.p7s
Description: S/MIME cryptographic signature

_______________________________________________
INDOLOGY mailing list
[email protected]
https://list.indology.info/mailman/listinfo/indology

Reply via email to