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Hi Dominik,
This is to my view a non-issue:
- if the work is in the public domain, you can put whatever license, anyone can retrieve it ('it' = for instance, the full text) from another source with the lowest possible licensing scheme
- your encoding actually provides an added value and adding a good old CC-BY could be there to remind that you have nothing against being quoted by anyone using this digital edition further
Cheers,
Laurent


Le 12 déc. 2012 à 16:11, Dominik Wujastyk a écrit :

> Dear colleagues,
> 
> Let's say I take an out-of-copyright printed edition of a work (P), and type
> the main text of it (say, /Hamlet/) into my computer, producing an e-text
> (E).  I encode it using the TEI guidelines.
> 
> I am interested in whether or not I can claim copyright of E, my TEI file. 
> It is a question of whether E is a " derivative work
> <http://en.wikipedia.org/wiki/Derivative_work>  " or contains sufficient "
> originality <http://en.wikipedia.org/wiki/Originality>  " to qualify for
> copyright.  
> 
> Has there been a definitive discussion about this anywhere, or is there some
> documentation addressing the question?  (I've done a keyword search on this
> list, but the results were voluminous and irrelevant.)
> 
> There's a corollary.  If I have copyright of my E, then I have the right to
> place a Creative Commons license on the work, if I put it on my public
> website, say.  If E is merely derivative, then am I right in believing that
> I therefore do not have the right to put a CC license on it?
> 
> Best,
> Dominik
> 
> 
> 
> --
> View this message in context: http://tei-l.970651.n3.nabble.com/Copyright-and-the-originality-of-TEI-encoding-tp4022909.html
> Sent from the tei-l mailing list archive at Nabble.com.

Laurent Romary
INRIA & HUB-IDSL
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