Re: Aphorisms and Copyright

On 24 Aug 1998, Moritz Roettinger <moritz.roettinger[_at_]dg23.cec.be> wrote:
>
> Timothy Phillips <hrothgar[_at_]telepath.com> wrote:
> >
> > If the melody of "Old Hundredth" in a modern songbook is the same
> > melody that appeared in the 16th-century metrical psalters, then
> > it can be copied from the modern songbook just as it could be
> > from an original copy of one of the 16th-century books.
>
> Attention: There may be a copyright for the editor or the publisher.
> In this case you would be permitted to make a copy from the original
> or from the copy of the 16th-century book, but not from the modern
> songbook.

I note that you're posting from Belgium, and I admit ignorance of most aspects of non-US copyright law. I can't comment on whether your statement accurately reflect Belgian and other European law (although it's consistent with what I've heard from other sources). As a matter of clarity, though, I'd like to make it clear that this is quite definitely not the case in the U.S. Yet.

In the U.S., under present law, a compilation of preexisting material is subject to copyright. However, that copyright extends only to the original material contributed by the author (i.e., the selection, coordination and/or arrangement of the constituent parts). The compilation copyright does not imply any exclusive rights in the preexisting material; it is independent, and does not affect the scope of the copyright (if any) that might subsist in the preexisting material.

--
Terry Carroll       |    
Santa Clara, CA     |    
carroll[_at_]tjc.com     |       
Modell delendus est |