[Sca-cooks] Need (international) copyright advice
t.d.decker at att.net
Mon Jan 16 19:53:34 PST 2012
>I just checked my copy. The work exists as a manuscript in a sole copy
> and this is the first publication, so this is not the case of a work
> having been published in the 16th century and being now out of copyright.
> The date of publication is 2009!
> The only way that one has access to these recipes is through seeing the
> original manuscript in Austria or in using these two volumes.
> I think this makes a difference.
Under the Berne Convention copyright (for a written work) exists from the
date of creation until a minimum of 50 years after the author's death. The
manuscript shouldn't be under copyright as, under the Convention, copyright
is created when the work is written. However, it is a sole copy and the
owner of that copy has copyright to the facsimile edition and as an
institution as opposed to a person, there is an ambiguity of if and when the
copyright will expire, determined by Austrian law.
The safest bet is to ask permission to transcribe and translate from the
facsimile for a non-commercial, scholarly purpose.
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