In the UK there is the concept of 'typographical
copyright' which
will usually be held by the publisher (or whoever creates
the
PDF),
How the publisher chooses to exercise this right in a
typographical copyright is another matter.
This wiki suggests that the UK's concept of typographical
copyright does not have any equivalent in the US.
http://commons.wikimedia.org/wiki/Com
mons:Licensing#Typographical_Copyright
The existence of this distinct 'typographical copyright'
puts
publishers, in the UK (and some other commonwealth
legislations),
in a strong position in respect to an effort such as the
Google
library project which involves the wholesale scanning of
published works. The matter is further complicated by the
fact
that many published copyrights will also contain
illustrations or
photographs whose precise copyright status is again distinct
from
the copyright in the 'literary work'. Many publications
have a
surprisingly complex intellectual property status.
It is noteworthy that Google has claimed rights in the
scanned
copies that it is making of in-copyright and
out-of-copyright
works (so called 'Google Digital Copies'). Project Muse
and JSTOR
would have similar rights in the fruits of their own
scanning
activities.
The Google claims are here:
http://www.lib.umich.edu/mdp/um-google-cooperati
ve-agreement.pdf
Perhaps it was a tactical mistake for Google to have
asserted
such claims or given so much prominence to the concept of
Google
Digital Copies.
Adam
On 5/30/06, Liblicense-L Listowner <liblicen pantheon.yale.edu> wrote:
>>From another list ... of possible interest (and
response) to
> readers of liblicense-l? Ann Okerson
>
> ---------- Forwarded message ----------
> Date: Thu, 25 May 2006 10:49:38 -0400
> From: Richard Griscom <griscompobox.upenn.edu>
> To: SPARC Institutional Repositories Discussion List
<SPARC-IRarl.org>
> Subject: [SPARC-IR] Posting vendors' PDFs
>
> The following question came up in a recent meeting of
the
> repository oversight group at Penn: Do vendors retain
proprietary
> rights over the PDF files they prepare for full-text
databases?
> For example, if we receive permission from Publisher Y
to mount
> Professor X's paper in our repository, may we use a
PDF created
> by Project Muse or JSTOR in lieu of scanning the
article
> ourselves? Do these vendors exercise rights over the
use of the
> PDFs that they have prepared?
>
> Best,
> Richard Griscom
>
> --
> Richard Griscom office
215/898-3450
> Head, Otto E. Albrecht Music Library and fax
215/898-0559
> Eugene Ormandy Music and Media Center griscompobox.upenn.edu
> University of Pennsylvania
> Van Pelt Library, 3420 Walnut Street, Philadelphia PA
19104-6206
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