[HNW] 1597 Sibmacher
fran at lavoltapress.com
Sun Aug 26 10:20:48 PDT 2007
Of course, the free use of other people's material only applies to
material that is either in the public domain, or where explicit and
prior permission for this specific use has been given.
It is legal to reprint a public-domain work.
It is legal to create an anthology of material from a public-domain
work, or a number of them.
It is legal to translate a public-domain work into another language,
make a film, play, or sound recording from it, or otherwise adapt it.
However, it is not legal to take someone else's material that they
redrew, edited, translated, or made into a film, etc., from a
public-domain work, and use it for your own. If you want to do something
with a public-domain work, you have to go back to the original work and
make your own unique changes to it.
Outside situations where there is no or almost no choice involved, the
selection and organization of materials in an anthology is itself
copyrightable. Thus, another anthology that contains a very similar
selection of works, especially if organized in the same way, would be a
In other words, if it is visually clear that someone else used her
redrawings/rechartings, or their anthology contains the same selection
of items, she can sue for copyright violation. They should have gone
back to the public-domain work and done something original of their own.
Lavolta Press wrote:
> She holds copyright to all visual aspects of her work that are different
> from the earlier works. This includes but is not necessarily limited to:
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