SC - TACT & texts

[Thomas Gloning]

<<< While I am 100% behind the idea of this kind of resource, and would 
willingly type up texts, isn't this going to run into the usual 
can-of-worms copyright issues?? >>>

It is very important to know about and to respect copyright. And there
ARE editions that are protected at present.

BUT: there are many, many culinary texts that are not protected by
copyright any more. As we are dealing with medieval and early modern
texts, the life dates of the authores in most cases are not a problem.
Clearly, Harpestraeng is dead longer than 70 years, etc.

Rests the problem of the protection of an edition (in different
countries). The German Urheberrecht (sort of copyright law), e.g.,
states, that an edition of an old text is protected for 25 years. Then
the _text_ of the edition (not the notes and the editorial matter!) is
"gemeinfrei", that is: you can use it among other things to prepare an
internet version. Thus, I am not acting illegal by putting the old
Birlinger-editions on the web. And I assume, that I will not be acting
illegal if I put some additional texts on the web, that are already
existent on my harddrive (e.g. Sabina Welser, published in 1980).

Then, there are many facsimile editions. I was told that a publisher who
issues a facsimile does not thereby acquire some sort of copyright over
the old text. After all, I could use an old copy to work with. Thus,
publishing the texts from Rumpolt (1581) on the web is not illegal.

Now, to answer the question "isn't this going to run into the usual 
can-of-worms copyright issues?" It is true that an electronic collection
of old culinary texts cannot contain the texts of the most recent
editions. But for our purposes, there is a wealth of material that is
not protected any more and that would be worth while editing in an
electronic form.

All this is said to the best of my knowledge. There was a huge
discussion over on Mediaevistik some time ago; in addition I asked the
lawyers from Giessen University and some practitioneers of other
electronic text collections about the matter.

I for one will continue the project 'Monumenta Culinaria Historica' in
electronic form, and I thank all the contributors I have had the luck to
work with so far (Gwen Cat, Valoise, Nanna, Christina) and I am looking
forward to work with others too (Richard II?, Jehanne?).

Cheers,
Thomas


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