Re: music and copyright

From: Bernard Katz <bkatz[_at_]uoguelph.ca>
Date: Mon, 10 Jan 2000 10:41:41 -0500 (EST)

On Sun, 9 Jan 2000, Jeroen Hellingman <jehe[_at_]kabelfoon.nl> wrote:
>
> On Fri, 7 Jan 2000, Bernard Katz <bkatz[_at_]uoguelph.ca> wrote:
> >
> > We do not protect the typography in Canadian law -- and thank the
> > good lord for that!
>
> Sad thing that the art of typographic composition is considered so
> unworthy in Canada, while, if professionally done, requires quite a
> lot of creativity, and plenty of decisions to be made.
>
> This protection barely encumbers otherwise public domain works, it
> just means you cannot make facsimiles of it -- you can however extract
> the public domain text from it, and re-format it.

If the typographic arrangement were indeed creative and had a special aspect to it that contributed to the design of the publication in a way that went beyond 'mere sweat of the brow', I think your argument would be quite relevant. However, the vast majority of re-publications, at least the ones that I have seen, use run of the mill typographical design elements that imo do not deserve such protection in copyright law.

I've looked at the relevant sections in the Australian Act (thanks Tim Arnold-Moore for the Web site reference), and there's no attempt made to limit their protection of the published edition to significant efforts in typographical design. However, they do note that protection under this section "does not apply to an edition that reproduces a previous edition of the same work or works" (Part IV, Sec. 92(2)), thus excluding a mere 'facsimile' type of re-publication.

Cheers,
Bernard Katz, Head, Special Collections and Library Development McLaughlin Library, University of Guelph, Guelph ON Canada N1G 2W1

   and Chair, Ontario Library Association Copyright Task Force bkatz[_at_]uoguelph.ca // (519) 824-4120 X2089 // FAX: (519) 824-6931

+++++++++++++++++++++++++++++++

"It's no use trying to guess at the time by the height of the sun; you will only loose /sic/ the train. Call on J. Pratt, practical Watchmaker 38 Wyndham St., St.George's Square". Advertisement, p.68, _Guelph Directory for 1875/6/7_ Guelph(?)1875(?)

+++++++++++++++++++++++++++++++

Received on Mon Jan 10 2000 - 15:44:12 GMT