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[BKARTS] Borges FICCIONES copyright



I've changed title of this thread initiated by Esther Kirby (to which a
number of people have responded).

Many people seem to forget that "copyright" gives authors control of
_publication_ of their work -- that is, the offering of their work (or
"derivative works") for sale in the market. Copyright is normally
established in the country of first publication, but under international
agreements, most countries extend "foreign" authors the same rights they
extend "native" authors in order to assure reciprocal protection.  So,
very likely Borges' works were originally copyrighted in Argentina,
though later, some derivative works (like translations) may have been
(and apparently were) copyrighted elsewhere. If Argentina's current law
is similar to U.S. law, works are protected for 70 years from the death
of the author.  For Borges (1889-1986), this probably means until 2056. 

Copyright protections apply vaguely, however, if at all, to what is done
with copies of books that have already passed through the market or
copies of texts that are not intended to enter the market. If Kirby
wants to copy out and bind the text (or her translation of it), to
create a copy for personal use and without commercial purposes, that is
probably "fair use" and does not invade Borges copyright (unless, e.g.,
in fact she intends to create ten copies and attempt to sell each one
for megabucks; if so the Borges estate may want, and deserves, a cut).
If her intent is to create and publish an edition (based on an existing
version or her own translation and illustrations), then this is very
likely a commercial endeavor that requires the approval of the Borges
estate (which may be happy to entertain the proposition and may or may
not request a fee).

Some may find it useful to review our copyright page at
http://www.lib.uiowa.edu/spec-coll/help/copyright.html.  It contains
links to a number of additional resources.   

Cordially ---- Sid Huttner
The University of Iowa Libraries 
<sid-huttner@xxxxxxxx>      

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