[Taxacom] Copyright

Fri May 11 05:23:00 CDT 2018

IP rights = IPR = Intellectual Property Rights, commonly known as 
copyright (but in the common language the term copyright is incorrectly 
applied to such stuff - this inludes the usage of the term by myself, I 
also tend to apply this term incorrectly).
IPR apply also to the action of digitising, which is considered as an 
intellectual act. By taking a photo of an object you do obtain the IP 
rights for it. For the photo, not for the object. You must make sure 
that the object is not copyrighted as such (here I use that term 
incorrectly - everyone will understand what I mean but I must not talk 
to a lawyer here and I sincerely hope no lawyer is member of the list). 
If you digitise a page of an old work this is treated like a photo of 
that page.

In Germany 70 years after the death of the author. In other countries 
this can be different, particularly in Mexico and Honduras. I never 
heard about "70 years after the date of publication" by skilled experts. 
I would however not exclude that some countries have such laws, for 
example in Africa.

In the US there has been an agreement inside the country that all 
publications published until 1923 are free. This was a fixed date. BHL 
digitises using that standard, and this is why many digitised journal 
volumes stop at that date.
In Europe BHL stuff is shown without restrictions. Perhaps there is an 
agreement between EU and US behind, or the European countries just 
ignore the almost negligible fact that the US does not govern the entire 
world. If European IPR are violated, US stuff is shown with free access 
anyway.
In Australia it is even less restictive, IP rights expell even earlier, 
and it is allowed to digitise more than in Europe or the USA. However 
Europeans and North Americans do not accept this and will restrict 
Australian stuff if local IP rights are violated. Once again even less 
restrictive in this sense is China.
So Australia does not govern the world. Would be justified to ask, why not?

Francisco

-----
Francisco Welter-Schultes

Am 11.05.2018 um 09:28 schrieb Andreas Gminder:
> Hello,
> 
> as far as I know the copyright expells 70 years after the publication 
> date, not after the author's death.
> 
> best regards,
> Andreas
> 
> -----Ursprüngliche Nachricht----- From: Francisco Welter-Schultes
> Sent: Friday, May 11, 2018 1:32 AM
> To: taxacom at mailman.nhm.ku.edu
> Subject: Re: [Taxacom] Copyright
> 
> In Germany copyright expells 70 years after the death of the author. For
> a publication from 1819 we should assume that the authors are slightly
> more than 70 years dead...
> 
> Note that the 1819 work as such is free. This means only that anyone can
> digitise it. Anyone who digitises a work has the IP rights for the
> digitised copy. They do not need to provide free access to it. If Google
> digitises old works, they seem to check if BHL, archive.org or anyone
> provides a free digitised version. If so, then Google offers free
> access. My observation is that if not, Google does not provide free
> access to such old works.
> 
> Cheers
> Francisco
> 
> -----
> Francisco Welter-Schultes
> 
> Am 10.05.2018 um 11:04 schrieb Paul Kirk:
>> Thanks Tony,
>>
>> Google didn’t pick this up – not sure why – but your reply made my day 
>> :-)
>>
>> Paul
>> From: Tony Rees <tonyrees49 at gmail.com>
>> Sent: 10 May 2018 10:01
>> To: Paul Kirk <P.Kirk at kew.org>
>> Cc: taxacom <taxacom at mailman.nhm.ku.edu>
>> Subject: Re: [Taxacom] Copyright
>>
>> Hi Paul, Have you tried BHL? they have vols 1-2 available, apparently.
>>
>> https://www.biodiversitylibrary.org/search?searchTerm=Annalen+der+Wetterauischen+Gesellschaft+fu%CC%88r+die+gesammte+Naturkunde#/titles<https://emea01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.biodiversitylibrary.org%2Fsearch%3FsearchTerm%3DAnnalen%2Bder%2BWetterauischen%2BGesellschaft%2Bfu%25CC%2588r%2Bdie%2Bgesammte%2BNaturkunde%23%2Ftitles&data=02%7C01%7CP.Kirk%40kew.org%7C9fc8683218504118833408d5b6547f02%7C44892b45194046119753a4b3be4ea7fe%7C0%7C0%7C636615396422106638&sdata=1YAyGZpoUW2PIVIBLJX5%2FFKS%2BZyEBg6dOx3I3AcnVNo%3D&reserved=0> 
>>
>>
>> Regards - Tony
>>
>> Tony Rees, New South Wales, Australia
>> https://about.me/TonyRees<https://emea01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fabout.me%2FTonyRees&data=02%7C01%7CP.Kirk%40kew.org%7C9fc8683218504118833408d5b6547f02%7C44892b45194046119753a4b3be4ea7fe%7C0%7C0%7C636615396422106638&sdata=TkV%2BUx9LPryRWJrOt%2F7Z%2BpANdKpvdr1mzTDmKPkfRbg%3D&reserved=0> 
>>
>>
>> On 10 May 2018 at 18:51, Paul Kirk 
>> <P.Kirk at kew.org<mailto:P.Kirk at kew.org>> wrote:
>> Can someone explain why a serial publication published in Germany 200 
>> years ago is still subject to copyright and not available to anyone 
>> outside the USA [unless one has a proxy server :-)]?
>>
>> https://catalog.hathitrust.org/Record/008607407<https://emea01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fcatalog.hathitrust.org%2FRecord%2F008607407&data=02%7C01%7CP.Kirk%40kew.org%7C9fc8683218504118833408d5b6547f02%7C44892b45194046119753a4b3be4ea7fe%7C0%7C0%7C636615396422106638&sdata=sljRNe3NFz2%2BGXDd%2FJXi86xDgpu0F7ZI31Um8oweQaM%3D&reserved=0> 
>>
>>
>> Frustrated name chaser at Kew,
>>
>> Paul
>>
>>
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