Re: Re: Odd (and misleading) copyright statement

There may be no duty to tell what is new, but one ought not claim more than one has and ought not mislead by the copyright statement.

On Aug 29, 2006, at 11:45 AM, Agenbroad, James ((Civ,ARL/CISD)) wrote:

> 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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-- 
Prof. Steven D. Jamar                               vox:  202-806-8017
Howard University School of Law                     fax:  202-806-8567
2900 Van Ness Street NW                   mailto:stevenjamar[_at_]gmail.com
Washington, DC  20008	                         http://iipsj.com/SDJ/

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