Re: copyright under U.S. and Spanish law

On Wed, 29 Sep 1999, Eleanor C. 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. 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).
>
> 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? If client
> were to duplicate this microfilm, could they delete the references to
> the library in Spain?

The microfiche is probably a copyright photograph. I doubt it has been "published" in accordance with the rather specific definition in most Copyright Acts around the world so it may have perpetual protection by virtue of not having been published.

The change of media does not resurrect copyright in itself, but a current copyright one arises upon creation of the photographic image-carrier.

CS

"Galvanising Ideas"

Colin Seeger, Consultant, Management of Intellectual Property. P.O Box 3227, Tamarama, Sydney, Australia 2026 Tel: (61) (02) 9365 1186, Fax (61) (02) 9365 1286 <seeger[_at_]ozemail.com.au> Received on Sat Oct 02 1999 - 02:36:33 GMT