I had an opportunity to hear David Nimmer debate this
issue on the UH campus. Other members of the list were
there and probably have a better grasp on the
subtleties of what was said. If they don't chime in, I
suggest you start with the article and view other
articles critical of his analysis. It is not a simple
matter by any means.
keith
- "William T. McGrath" <WMcGrath[_at_]DMMLaw.com> wrote:
> David Nimmer has written a fascinating (well, at
> least to some) and
> in-depth law review article entitled "Copyright in
> the Dead Sea Scrolls:
> Authorship and Originality, " in the Houston Law
> Review at 38 Houston L.
> Rev. 1 (2001). It addresses the issues your faculty
> member is raising. In
> fact, that whole volume of the Houston L. Rev.
> appears to be devoted the
> the copyright issues raised by the Dead Sea Scrolls.
>
> Bill McGrath
>
>
>
> At 06:10 PM 12/11/2003 -0500, Sadler, Connie wrote:
>
> >Hi, everybody. I am new to this list, so please
> forgive me if I am
> >asking a question that is perhaps out of scope.
> >
> >I was approached by one of our faculty with the
> issue below. I would
> >very much appreciate comments on it - there are
> certainly a lot of gray
> >areas involved! He is getting ready to take some
> time away from campus,
> >and we would like to get your comments and ideas
> before he leaves in
> >order to keep this project moving. Your thoughts??
> >
> >Thank you...
> >
> >Connie
> >
> >Connie J. Sadler, CM, CISSP, CISM
> >Director, IT Security, Brown University
> >Box 1885, Providence, RI 02912
> >Connie_Sadler[_at_]Brown.edu
> >PGP Fingerprint: 452A C178 1450 9CE1 3AC1 CC12
> 956F 2C55 DB94 A9C7
> >Office: 401-863-7266
> >
>
>=======================================================================
> >
> >Dear Connie,
> >
> >Thanks for agreeing to look into this copyright
> issue for me. Below is
> >a formulation of the project description and issues
> as I understand
> >them. Please feel free to get back to me if you
> have any questions.
> >
> >The project seeks to gather and digitize the
> published texts and
> >translations of about 10,000 ancient inscriptions
> written in Greek,
> >Latin, Hebrew, and Aramaic. The publications are
> themselves widely
> >scattered - many are published individually in
> journals, others in small
> >collections (e.g., about 150 Hebrew synagogue
> inscriptions from
> >Palestine). The "publication" of an inscription
> means that a scholar
> >has looked at the inscription, deciphered (and
> sometimes reconstructed)
> >it, and has given a translation, interpretation and
> commentary. My
> >project would digitize these scholarly results by
> creating tagged XML
> >files of these published inscriptions, clearly
> attributing the texts to
> >the scholars upon whose readings they are based.
> While we seek to stay
> >as close to the published material as possible, we
> will also check the
> >readings and translations, and modify as we think
> might be necessary.
> >The end result will be a digital corpus of tagged
> texts accessible and
> >searchable on the web.
> >
> >Some relevant factors: An inscription is not a
> "fact", but the result
> >of scholarly labor and ingenuity. Also, although
> we will use the texts
> >but not the commentary (thus only a small piece of
> the base
> >publication), the text of the inscription is the
> "heart" of many of
> >these publications.
> >
> >On the other hand:
> >1. It is common scholarly practice to collect
> previously published
> >inscriptions and republish them, with attributions
> but not permission. A
> >basic reference tool that comes out annually, the
> Supplementum
> >Epigraphicum Graecorum, appears to operate like
> this; 2. The project
> >will be a non-profit tool for teaching and
> research; 3. By both tagging
> >and putting the inscriptions in a new context it
> "transforms" the
> >original publication; 4. All texts will be
> explicitly attributed; 5.
> >There should be no significant effect on the market
> - if anything, it
> >should increase interest in the original
> publications; 6. It will not
> >compete against other electronic versions.
> >
>
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>
>
> _________________________
> William T. McGrath
> Davis, Mannix & McGrath
> 125 S. Wacker Dr., Suite 1700
> Chicago, IL 60606-4402
> Phone: 312-332-4748
> Fax: 312-332-6376
>
>
>
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>
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Received on Mon Dec 15 2003 - 21:37:33 GMT