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Re: [BKARTS] Copyright Question



Sid's response is helpful, but Charles's original question leaves open the possibility that he could violate copyright. For example, were Charles to buy 100 copies of The Lord of the Rings and re-bind them as the "Charles LaFountain Edition", I believe that the original publisher (or other copyright holder) would object.

I assume that Charles plans, instead, to follow the lead of thousands of binders before him and create one-off works of art from books he picks up here and there; if this were illegal, most of GBW would be in court constantly.

Regarding the use of sheet music, Sid is correct, but recall the ASCAP's standard caution that

"Rental or purchase of sheet music or the purchase of a record does not authorize its public performance."

One can play or sing the music, as Sid notes, but better do it privately or in church...

-- Don


--- On Fri, 11/14/08, Huttner, Sidney F <sid-huttner@xxxxxxxxx> wrote:

> From: Huttner, Sidney F <sid-huttner@xxxxxxxxx>
> Subject: Re: [BKARTS] Copyright Question
> To: BOOK_ARTS-L@xxxxxxxxxxxxxxxx
> Date: Friday, November 14, 2008, 2:16 PM
> Charles LaFountain asked:
> 
> >>>>I was wondering what the legality of buying
> current hardback copies of books such as Lord of the Rings
> or Harry Potter books, stripping them down to the text
> block, then custom binding them for resale would be. I would
> be buying copies from local resale shops. Does anyone know
> if this would be an infringement of copyrights?
> 
> I'm not a lawyer, but I think the answer is clearly,
> "No copyrights are thus infringed."  Copyright is
> merely the (monopoly) right to control _publication_ of a
> text (photograph, art work, song, play, etc.).  In so far as
> publication involves creation of an object (a text
> "fixed in a medium") to be sold, copyright does
> not extend to control of the physical objects created and
> sold: as purchasers we have every right to tear pages out of
> a book as we read them, to destroy a book we hate, to toss a
> CD in the trash, to delete the song we downloaded --  or to
> sell a book we've acquired to a used book shop or give
> it to Goodwill (and possibly even take a tax deduction for
> doing so).
> 
> Copyright may be more complex when an "object" is
> not so clearly involved -- the right to perform a play, for
> example, or incorporate a song in one's stage
> repertoire, which is why these kinds of "things"
> are typically _licensed_ for commercial use. If you buy
> sheet music, on the other hand, you can do with it as you
> wish, including play or sing the music -- except publish the
> content for sale or use it for another commercial purpose.
> 
> Cordially --- Sid Huttner
> The University of Iowa
> <sid-huttner@xxxxxxxxx>
> 
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             ***********************************************
                                    
             For all your subscription questions, go to the
                      Book_Arts-L FAQ and Archive.
         See <http://www.philobiblon.com> for full information.
                                    
         NOW ONLINE, The Bonefolder, Vol. 5, No. 1, Fall 2008 at
                 <http://www.philobiblon.com/bonefolder>
                                    
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