[Sca-cooks] Need (international) copyright advice

Daniel And elizabeth phelps dephelps at embarqmail.com
Mon Jan 16 11:43:47 PST 2012


I'm curious are you going to work from the facsimile the transcription or both?  Is the original in "spanish", "catalan", "french" "latin" or what?  One way to handle your issues might be to frame your work as a "review" of the book set with some recipes rendered into the modern.  

Side note the kingdom of Navarre was neither Spanish nor French or for that matter Basque but IIRC a bit of all three.  There was a point where it might have ended up like Andorra.  The last king of Navarre was White Plumed Henry who said "I guess Paris is worth a Mass" converted from Protestant to Catholic and became king of France at the end of the 16th century.  

When did the official who wrote the book live?    

Daniel


----- Original Message ---
From: "Robin Carroll-Mann" <rcarrollmann at gmail.com>
To: foodmanuscriptproject at yahoogroups.com, "\"Cooks within the SCA\" sca" <sca-cooks at lists.ansteorra.org>, sca-librarians at lists.gallowglass.org, sca-laurels at lists.ansteorra.org
Sent: Monday, January 16, 2012 2:06:37 PM
Subject: [Sca-cooks] Need (international) copyright advice

Forgive the cross-posting; I'm trying to query all the people who are
most likely to have an answer for me.

I just received a book that I ordered as a Christmas gift for myself.
It's "Regalo de la vida humana", a 16th century health and cooking
manual.  The author was an official of the Spanish Kingdom of Navarre.
 He did not complete the book before his death, and it was never
published until a few years ago.  The original manuscript -- the only
existing copy -- belongs to the National Library of Austria.  They
gave a high quality facsimile to the government of the Spanish
Province of Navarre, which commissioned the book I received today.

It's in two volumes.  The first volume is a facsimile.  The second
contains a transcription, as well as essays and notes on the work.
There are two copyright notices on the book: one for the National
Library of Austria and one for the Government of Navarre.

My question is this: if I translate some of the recipes and post those
translations on email lists and/or my website, am I violating
copyright?  (I'm assuming that I will NOT post the text of the
original Spanish.)  This is rather different than other period
cookbooks I've worked from, as those were published in period, and
there are digital and print copies available from many different
sources.  In this case, there is only one possible source for the
material.

I am in the U.S., but as both copyright holders are European, I assume
that EU laws and regulations apply.  I would appreciate knowledgeable
advice on this matter.  Perhaps I'm worrying about nothing, but I'd
rather know for sure.  At present, I only wish to translate and test
recipes, but I could envision eventually teaching a class at Pennsic.
I'd certainly want to know where the legal lines were drawn before
preparing a handout.

-- 
Brighid ni Chiarain, OL
MKA: Robin Carroll-Mann
rcarrollmann at gmail.com
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