Book People Archive

RE: copyright of photoreproduced text

While it is theoretically illegal to claim copyright on stuff that you
don't actually own copyright on, this is seldom enforced. There is also
no requirement that the copyright claim printed in the volume be
explicit about exactly what copyright is being claimed for. However,
checking the Copyright Office records can be more revealing.

I did an on-line search at http://www.loc.gov/copyright/search/ for the
title "Commentaries on the Laws of England", and found a registration
(TX-403-965) for a 1979 publication by the University of Chicago Press
of a facsimile edition. I assume that this is the work you refer to.
I've included the full record below. Note particularly the field "Claim
Limit", which limits the registration of copyright to NEW MATTER: "new
introd. for each volume."

Given that, I think that it would be reasonable to believe that the
University of Chicago is not claiming copyright in the original
Commentaries, and that you can go ahead and OCR the book (without the
new introduction) and put it on the web - or do whatever else you wish
with it.

-- Dean Krafft
[Also not a lawyer - don't take this as "legal advice"]
-------------
Registered Works Database (Title Search)

Search For: COMMENTARIES ON THE LAWS OF ENGLAND
1 Item
------------------------------------------------------------------------
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------------------------------------------------------------------------
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 1. Registration Number:    TX-403-965 
Title:    Commentaries on the laws of England : v. 1[-4] / William
Blackstone.
Imprint:    Chicago : University of Chicago Press, c1979.
Note:    A facsim. of the 1st ed. of 1765-1769. Includes v. I, of the
rights of persons (1765), with an introd. by Stanley N. Katz; v. II, of
the rights of things (1766), with an introd. by A. W. Brian Simpson; v.
III, of private wrongs (1768), with an introd. by John H. Langbein; v.
IV, of public wrongs (1769), with an introd. by Thomas A. Green.ISBN:
ISBN 0-226-5536-1.
Claimant:    The acUniversity of Chicago
Created:    1979

Published:    27Oct79

Registered:    8Jan80

Author on [c] Application:    University of Chicago, employer for hire.
Claim Limit:    NEW MATTER: "new introd. for each volume."
Miscellaneous:    C.O. corres.
Special Codes:   1/B/D//A

-----Original Message-----
From: Ryan Henrie [mailto:ryan@[redacted]
Sent: Wednesday, August 22, 2001 12:51 AM
To: C. Perry Willett
Cc: Book People
Subject: Re: [BP] copyright of photoreproduced text


Ok, let's put this to the test.  A perfect example of this is the
"facsimile of
the First Edition" of Blackstone's Commentaries that I have on my desk.

Open the first page, and it says:

    1979 by the University of Chicago
    All rights Reserved. Published 1979
    Printed in the United States of America

Now, I can see them claiming copyright on the new introduction by
Stanley Katz,
but the copyright notice should have specified this, no?

Can I OCR the book and put it on the web? Their blanket copyright
statement
would imply that I can't (without their permission), yet the text has
been in
the public domain for, oh, say 200 years!

Comments?

Ryan