Re: copyright under U.S. and Spanish law

On Wed, 29 Sep 1999, Eleanor Naiman <naimanec[_at_]erols.com> wrote:
>
> I posted this question to another list and it was recommended to me
> that I post it here and that perhaps someone on this list would be
> able to give me some guidance.
>
> Client is a nonprofit publishing company.

It does not matter whether an entity is nonprofit. It is irrelevant.

> Client purchased microfilm of newspapers from library in Spain.
> Original newspapers were published in mid 1800's and are owned by
> this library in Spain. There do not appear to be any copyrights
> left on the original newspapers (although I'm not certain because
> have not researched Spanish law -- if anyone has any knowledge on
> this would appreciate comments also).

When you are asking about whether your actions are legal or illegal in the U.S. in respect to copyright, Spanish or any non-U.S. law is irrelevant in this context.

> The questions is does the library in Spain have any copyright
> protection in the microfilm version of the newspapers? Does the fact
> that it changed forms create some new rights? There is no reservation
> of rights in the microfilm itself other than mentioning that the
> originals are at this library. Does this have any bearing?

No, no, no to three questions, assuming that you have not agreed to any contract with the library in Spain. If the newspapers were published on or before December 31, 1922 11:59.9999pm, they are in the public domain no matter what form they are in.

> If client were to duplicate this microfilm, could they delete the
> references to the library in Spain?

Although it is not illegal to delete the references, it is dishonorable.

> Any insights would be much appreciated.

Few things to remember:

If the microfilm version adds anything to the originals, that new additions are possibly copyrightable. You may need to do some comparisons between microfilm version and original version.

If your client duplicates the microfilm and sells the copies in the U.S. and I buy one copy, I also can duplicate your client's copy and sells more copies.

The library in Spain will not like what I am saying here. Do not expect them to be dovish and give blessings to your client. Instead, your client has to be prepared to defend himself, herself, or themselves against the hawks (read: lawyers) from the library.

Lastly, I am not a lawyer. None of the above is legal advice!!!

Regards,

Joseph Pietro Riolo
<riolo[_at_]voicenet.com> Received on Sat Oct 02 1999 - 00:00:49 GMT