hist-brewing: Coryright issues

Joyce Miller msmead at doctorbeer.com
Mon Nov 16 19:05:18 PST 1998


There are a few things that people should be aware of with regards to
copyright. Yes, it's true that the rights to, say, Kenelm Digby have
expired.  But this "lack of rights" does not carry over to "derivative
works," such as a modern translation of that same text.  The translation is
a new work, and is entitled to its own copyright.  For example, a 1943
translation into English of the _Menagier_ of Paris (for example) WAS AND
MAY STILL BE under copyright, even though the Medieval French original is
not.  Under copyright law, the person who put the effort into translating
the text put at least some some minimum creativity into their work (such as
through choice of words and phrases), and that creativity causes copyright
to attach to the final work.

For this reason, we should be very careful what goes on the Gutenbrew
website.  This is why scanned images of very old original texts are safest.

-- Joyce
(Not an IP attorney, but hope to be one at this time next year)
--- Joyce Miller, msmead at doctorbeer.com


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