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Subject:
From:
[log in to unmask] (Wells, Julian)
Date:
Tue Jun 24 10:48:21 2008
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Gary Mongiovi wrote, in part:

> ------------------------------
> 
> Date: Fri, 20 Jun 2008 13:27:35 -0400
> From: "Gary Mongiovi" <[log in to unmask]>
> Subject: HES: RE: DISC--Scholarship and Copyright

> I wonder whether OUP ever tried to extract the fee
> after the fact, i.e. after the Glasqow edition has been quoted:
barring
> the case of photoreproduction, under what legal principle could they
> possibly expect to win? 


[Julian] I'm writing from memory, but my understanding is that under UK
copyright law the rights in the "typographic arrangement" of a work only
last for 25 years, so the OUP would seem to be trying it on if they
attempted to claim on the basis of photoreproduction. 

*However*, more than fairly brief extracts might be more problematic.
There has been extensive litigation -- and emergency legislation in the
Irish Republic -- over issues to do with the literary estate of James
Joyce.

Googling "James Joyce copyright" will bring up relevant links. In
particular see

 
http://www.guardian.co.uk/business/2006/jun/25/theobserver.observerbusin
ess6

The problem in reproducing the Glasgow edition would lie in the
scholarly apparatus and in the editors' choices about which variants
among Smith's editions to use and discuss. 


Julian Wells


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