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Old 12th Sep 2012, 7:59 pm   #1
G6Tanuki
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Default 'Publishing' of scanned documents.

A question: What's the policy regarding 'publishing' scans of old documents on this site?

Thing is, I have a copy of "Car and Portable Radio Constructors Manual", dark green cover, published 1947 as 'Book 62, price two shillings and sixpence' by Bernards Radio books.

Also what looks like a 'civilian' "Wireless Set no. 62, Canadian" guide in a mustard-yellow cover, published date unspecified, by Peter N Knowles, West Chittingdon, Sussex.

While I'd be happy to scan these and upload them I wouldn't want to get the site into any copyright troubles.

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Old 12th Sep 2012, 10:43 pm   #2
whyperion
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Default Re: 'Publishing' of scanned documents.

http://www.portabletubes.co.uk/sitefiles/downloads.htm has a comment regarding that site authors take on the books of that age and the Bernard Babani (publishing) Ltd website does not seem to claim copyright of previously published works (before 1966).

The remedy for breach of copyright would be the loss the holder has incurred, so this could be around the retail price of the book in current terms, or the amount the copy has sold for if higher + injunction to stop further copying (and possible punitive damages for a deliberate and consistent breach).
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Old 13th Sep 2012, 12:39 am   #3
emeritus
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Default Re: 'Publishing' of scanned documents.

The 25 year protection for published editions relates to the typographical arrangement of the material as opposed to the literary or technical content.

For example, Shakespeare's works are long out of copyright, so in general, anyone can republish the text of them without infringing copyright. If you publish by typesetting afresh (as opposed to making a facsimile copy of an out-of-copyright work, which will not attract pubished edition copyright), then you will create published edition copyright in your typographical arrangement, and this will last 25 years from its publication. Someone who made a facsimilie copy of your typeset pages would infringe your copyright in the layout of your published edition, and would not acquire any published edition rights themselves. There would be nothing to prevent anyone copying the words and typesetting their own version, as long as it was not a slavish copy of your typesetting.

Info on copyright can be found at the Patent Office's [sorry, they now call themselves the IPO] web site here: http://www.ipo.gov.uk/types/copy.htm

However, the complex nature of copyright, and the possible existence of different types of copyright with different durations in respect of a single work, means that the information that appears on the web site is not entirely complete, and the copyright acts themselves need to be consulted. This is not straightforward, and things are made more complicated by EC regulations which usually have the effect of increasing the term of copyright specified in the UK legislation. The last edition of the standard authority on copyright that I used before I retired ran to well over 1000 pages for the basic book, with cumulative supplements adding a couple of hundred more.

In practical terms, my understanding is that any action for infringement of copyright in a book of this type would be a civil matter that would have to be pursued by the author or their heirs, and for an obscure work, the chances of the rights owners becoming aware of an internet publication in a specialised field is probably remote, and taking action to enforce copyright would probably cost much more thatn the damages that a court might award anyway. The IPO's leaflet on copyright facts, http://www.ipo.gov.uk/c-essential.pdf page 21, sets out the steps that you ought to take to attempt to track down the copyright owner, in theory.


There is a consultation afoot on setting up a system for coping with the use of so-called "orphan works" whose owners cannot be traced, but I guess it will be years before anything happens.

Last edited by emeritus; 13th Sep 2012 at 12:52 am.
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Old 13th Sep 2012, 7:08 am   #4
Alan Stepney
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Default Re: 'Publishing' of scanned documents.

I have had recent experience of this, where someone claimed they owned the copyright of an old publication.

From that (limited) experience, and in "our" field, where most of the makers / publishers no longer exist, there is little-no risk.
The law seems to take a common-sense approach, that publishing a document that has been out of print for, say, 50 years because the original owner and purpose no longer exist, and it is of such little general interest that it wouldnt be economic to publish it again in the original form, then making it available is fine.
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Old 13th Sep 2012, 8:01 am   #5
brenellic2000
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Default Re: 'Publishing' of scanned documents.

I agree with the above - I've had four books published professionally and four self-publshed. Copyright can be a real nightmare!

As has been said above, copyright exists in two basic forms - 'intellectual' (original thought and wording) and 'media' (photocopy of typeset material). It is a breach of copyright to repeat verbatim a long section of text without permission if then sold commercially, but is acceptable to quote a very brief passage with full acknowledgement, or to copy for private research if it is then destroyed.

Proving original thought can be difficulty, where does plagiarism begin and stop? Hence most patents are "Improvements to...".

As for joint copyrights held in two different nations, don't ask, or rather don't do it! Believe me, it is best avoided.

The internet (and e-books) are an author's nighmare as it is a completely lawless environment when things are copied, spread, distorted and become gospel overnight! Alas, the internet fraternity will never allow it to be properly regulated. But technically the Forum is liable to any copyright infringment by its members as they have jointly published it. But a public retraction to limit damages is available within a certain time-frame.

As Alan says, in our 'vintage field', we should be OK but not if you are re-publishing anything post WW2. It can be a nightmare especially as the EU cross-border legislation is now involved! Is life worth living?

Barry
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Old 13th Sep 2012, 1:59 pm   #6
emeritus
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Default Re: 'Publishing' of scanned documents.

There certainly seems to be a misconception in some quarters that, because you own a copy of something, then you own the copyright in it. Such assertions can often be seen relating to old photographs that are clearly out of copyright. Under UK law, if you were not the original owner of copyright, then copyright can normally only be validly assigned to you in writing, signed by the assignor. An exception is by operation of law, such as by succession on the death of the owner or acquisition of a company. Copyright Designs & Patents Act 1988, Section 90.

When was with GEC, the usual company policy was to allow reproduction of their copyright material free of charge, as long as acknowledgement of the source was made. In one case I understand that permission was given to republish an entire textbook on valves, and no royalties were requested. This would have been in the 1980's and the view then was that valves were obsolete and of no interest to the company or anyone else.

Last edited by emeritus; 13th Sep 2012 at 2:03 pm. Reason: typo correction
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