[Sca-cooks] re: menu copyright?

[Terry Decker]

With EEBO or ProQuest you are operating under license, so the issue is one
of contract rather than copyright law.

The basic principle here is they have absolute ownership of a singular work
and may set the terms of condition to view, copy or use the work.For
example, a living artist sells a painting, unless he transfers the copyright
in some manner, the artist owns the copyright and the purchasers own the
physical work.  The owners may not make copies, photos, etc. for commercial
purposes or beyond the fair use of their ownership.

Once the artist's copyright expires, the owners control the work in whole
and control the copyright of any derivative images.  With EEBO and ProQuest
you pay for access to copies of the work under a license which spells out
specific terms for accessing the work.  The copies may or may not be
copyrighted, but you are bound by the terms of the contract and the owners
may seek legal remedy if you violate those terms.  BTW, as I understand it
EEBO and ProQuest are actually "access rights management companies," who may
represent the owners or themselves, depending on whether they or another
party hold the rights to the original.

If you own an original of the work in question or have the owners
permission, then you can do with it as you wish, even if you are a party to
an access contract.

Bear

>
>Making no assertion one way or another on the veracity of the ProQuest
>statement . . . Remember that statements by holders of some resource are
>intent on maintaining their proprietary interest in a 'something',
>rather than outlining the letter or intent of law.  They aren't evil,
>just self-interested.  If one is concerned about use or copyright of
>some piece of literature or other work, one should read the declaration,
>consider it, then consult a disinterested authority regarding how
>accurate those claims are.  This is only really important if you are
>intending to do something that could create copyright issues for you.
>
>Be informed in making your decisions.
>
>pacem et bonum,
>niccolo difrancesco
>(hoping not to beat the "informed choice" drum too often as to get
>monotonous)
>
>
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