Re: copyright under U.S. and Spanish law

On Sat, 2 Oct 1999, Colin Seeger <seeger[_at_]ozemail.com.au> wrote:
>
> On Wed, 29 Sep 1999, Eleanor Naiman <naimanec[_at_]erols.com> wrote:
> >
> > 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 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.

Under Spanish law.
Protection of Ordinary Photographs

Art. 128.

Any person who makes a photograph or other reproduction produced by means of a process analogous to photography shall, when neither has the character of protected work in terms of Part I, enjoy the exclusive right to authorize its reproduction, distribution and communication to the public on the same terms as areaccorded by this Law to the authors of photographic works. That right shall have a term of 25 years counted from the first of January of the year following thedate of the making of the photograph or reproduction.

Protection of Specific Editorial Productions

(Unpublished Works in the Public Domain and Unprotected Works)

Art. 129.

(1) Any person who lawfully discloses an unpublished work that is in

    the public domain shall have the same exploitation rights in it     as would have accrued to the author thereof.

(2) Similarly, the publishers of works not protected by the provisions

    of Part I of this Law shall enjoythe exclusive right to authorize     the reproduction, distribution and communication to the public of     the said editions, provided that they can be distinguished by their     typographical composition, layout and other editorial characteristics.

(Term of Rights)

Art. 130.

(1) The rights recognized in paragraph (1) of the foregoing Article

    shall have a term of 25 yearscounted from the first of January     of the year following that of the lawful disclosure of the work.

(2) The rights recognized in paragraphs (2) of the foregoing Article

    shall have a term of 25 yearscounted from the first of January of     the year following that of publication.

Of course, some microfilms are compilations ("17th century English Books") and the selection and arrangement of works included on a particular reel would likely support a copyright. A second comer could still copy any individual public domain work from the microfilm for any purpose. Copying more than one in a coordinated fashion without infringement would be trickier.

I Agree. Under Spanish law Collections of the works of other people like anthologies data base. and other elementos or data which by the selection or arrangement of their contents consitute intellectual protections .

Fernando Nuno
Abogado Dedicacion Preferente Propiedad Intelectual y Derecho Nuevas Tecnologias.
Madrid .Spain.
<nunofer[_at_]arrakis.es> Received on Mon Oct 04 1999 - 13:44:41 GMT