Well there is no positive duty to reveal which material is new.
Certainly continually revised works like encyclopedias (remember those)
will have a copyright statement listing every single year since they
first came out. The law is clear that derivative works do not extend
the copyright of the original. The question is what material is
new/changed and does is contain the modicum of creativity necessary to
be granted copyrightablility. West's star pagination case would seem to
indicate that simply resetting the text wouldn't count.
-----Original Message-----
From: CNI-COPYRIGHT -- Copyright & Intellectual Property
[mailto:CNI-COPYRIGHT[_at_]cni.org] On Behalf Of Brewer, Michael
Sent: Monday, August 28, 2006 3:56 PM
To: CNI-COPYRIGHT -- Copyright & Intellectual Property
Subject: [CNI-(C)] Odd (and misleading) copyright statement
All,
I was reading my 6 year old a copy of Wizard of Oz last night and
noticed that there is a copyright notice in the front of the book
(published, if I remember correctly in 1999). The story was first
published, I think, in 1899 or something like that. The copyright
statement (and I do not have it in front of me, so it could be slightly
different) said something like "new material copyright 1999" and then
went on to say, in the usual language, that no part of this book may be
copied...... without the consent of .... etc." There was no indication
what part of the text was "new", or whether or not it had been abridged,
or changed in any way. My question is, isn't this terribly misleading?
The implication is that nothing in the book can be used without the
consent of the copyright holder (to whatever new material there might
be, but not to the majority of the text, or even perhaps the entire text
- the new material could be just illustrations, or notes). Is this a
common practice? Is it, then, up to the user to determine what is new
(if anything) and what is not by doing a comparative textual analysis?
I'd be interested in your thoughts.
mb
Michael Brewer
Slavic Studies, German Studies & Media Arts Librarian
University of Arizona Library A210
1510 E. University
P.O. Box 210055
Tucson, AZ 85721
Voice: 520.307.2771
Fax: 520.621.9733
brewerm[_at_]u.library.arizona.edu
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