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In regards to a printed work which has passed out of copyright, or was never
under copyright, is a faithful electronic reproduction a copyrightable entity?
-No. Merely reformatting a work is not considered copyrightable authorship.
Is a collection of such entities a copyrightable entity?
-Possibly. Copyright protection extends to original "compilations" of
preexisting or noncopyrightable matter, in which the original copyrightable
authorship is characterized as "the collection and assembling of preexisting
materials or of data that are selected, coordinated, or arranged in such a way
that the resulting work as a whole constitutes an original work of authorship".
However, such protection does not give the author of the compilation any
exclusive rights to the matter compiled. For further details, please see
http://www.copyright.gov/circs/circ14.html
If a State library makes an electronic collection of such works available to
the public, is it a violation of copyright to copy and use, for research or any
other purpose, and make freely available for others to use, a single entity
from said collection of entities of electronic reproductions of uncopyrighted
printed works?
-Section 108 of the copyright law provides that it is permissible for a library
or archive to make a limited number of copies of certain types of protected
works for preservation, archival or lending purposes, particularly if the work
is no longer available in the marketplace. Please be advised that the
guidelines for exempted reproduction activities in this section are highly
specific and narrowly applied, especially as they pertain to digital copies.
You may access this provision of the law at
http://www.copyright.gov/title17/92chap1.html#108.
rg
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>>> <[EMAIL PROTECTED]> 11/03/06 8:25 PM >>>
In regards to a printed work which has passed out of copyright, or was never
under copyright, is a faithful electronic reproduction a copyrightable entity?
Is a collection of such entities a copyrightable entity?
If a State library makes an electronic collection of such works available to
the public, is it a violation of copyright to copy and use, for research or any
other purpose, and make freely available for others to use, a single entity
from said collection of entities of electronic reproductions of uncopyrighted
printed works?
Thank you for your time and expert response.
Troy A. Griffitts
Question submitted at 20:25 on 11/3/06.
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