At 3:30 PM -0400 6/8/05, Joseph Pietro Riolo wrote:
>On 6/7/05, Laura Young Bost <laura[_at_]utpress.ppb.utexas.edu> wrote:
>>
>> I am forwarding this on behalf of a colleague who isn't on CNI. Any thoughts
>> on how to proceed would be appreciated, especially from those of you
>> familiar with UK copyright law.
>
>I am puzzled at why the author of the book asked National Portrait Gallery
>for the permission to reproduce an image.
Because they aren't going to give permission until you ask for it.
> If she did it only as a courtesy,
>she made a big mistake. If she did it due to legal reasons, what are the
>legal reasons?
Trespass.
>National Portrait Gallery's claim on copyright in any future scans and
>photographs of the image is highly questionable.
That's why Laura asked.
> Without knowing more
>about the image (i.e., Is it published or is it still unpublished?
What difference would that make?
> If it is
>published, when did it become published?
Why would that matter.
> Did it have copyright notice
>when it became published?),
That doesn't matter.
> I would not provide definite answer but
>will suggest the book _The Public Domain: How to Find & Use Copyright-Free
>Writings, Music, Art & More_ by Attorney Stephen Fishman that
>will guide you through steps to determine whether the image is in
>the public domain and if the image is in the public domain, whether
>any reproductions of it are in the public domain.
>
>> Would it make any difference if the book is only sold in the US?
>
>Yes, it makes a big difference. (Here is an example that I like to
>tell: Suppose that you are standing just next to the boundary
>between United States and Mexico and you are standing on the
>side of the United States. And, suppose you are holding a book
>whose copyright has expired in the United States but is still valid
>in Mexico (or vice versa). Now, if you stretch out your arm that
>holds the book toward the Mexico to the point where the book is
>completely in the air of Mexico, behold, the copyright in the book
>comes alive and is valid.
> But, if you takes it back into the air of
>United States, behold, the copyright is gone.) But, the author
>may have to prevent herself from visiting United Kingdom anytime
>in her lifetime, lest she finds herself in legal trouble once she
>touches the land (and water) of United Kingdom. She will have
>to evaluate the risk of being caught in legal trouble.
The issue is where the infringement occurs, not where you're standing with the protected work. The Courts in Mexico and the U.S. give the same rights to foreign copyright owners that they give to native copyright owners. This is beyond my experience, but my understanding is that if the book is distributed only in the U.S., you can be charged with infringement based on subject matter jurisdiction under the laws of the U.S. or under the laws of the country which granted copyright protection (if they can serve you). The copyright holder can pick the forum with the broadest scope of copyright protection. So the short answer is that it doesn't matter unless your best defense is ineffective service of process. I'd appreciate correction on that point if I'm mistaken.
John Noble Received on Thu Jun 09 2005 - 01:30:30 GMT
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