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Re: [BKARTS] Copyright



just a quick comment to add - although, at least in the US, I believe moral rights of creators/authors only applies to visual works of art in editions under 200 - in Europe moral rights of creators/authors is much stronger.  I think one would be pushing the balance/boundaries to the side of infringement if there was commercial gain to be made.  Also, earlier this year courts settled in favor of J.K.Rowling in regards to the Harry Potter Lexicon, http://www.law.com/jsp/article.jsp?id=1202425996700 ...from Law.com the site - "On the other hand, the court found that the Lexicon could harm sales of Rowling's companion books, because the information in those works has been incorporated into the Lexicon "almost wholesale."

Sonja

Sonja Staum
Director/Team Leader
IUPUI Herron Art Library
735 W New York Street
Indianapolis, IN 46202
Phone: 317.278.9417
________________________________________
From: Book_Arts-L [BOOK_ARTS-L@xxxxxxxxxxxxxxxx] On Behalf Of Sharon Wildwind [cml@xxxxxxxxxxxxxxxxxx]
Sent: Saturday, November 15, 2008 9:53 AM
To: BOOK_ARTS-L@xxxxxxxxxxxxxxxx
Subject: [BKARTS] Copyright

> 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.

As an author, I know something about copyright.

Here's a short answer, published on the school library journal in 2007.
http://www.schoollibraryjournal.com/article/CA6463495.html

One factor depends on where the book was originally published. As it
says in the article the copyright wording is different in different
countries. U. S. copyright law has some protections for artists to
prevent any alteration of their art. For a book published in the U.
S., it is not illegal to alter the book, but it is illegal to
distribute the altered book; hence, selling is illegal. You can,
probably, make a single personal copy as your own art, but not sell
it. There has never been a test case about this and it would be
interesting to see if the law would treat a book differently if the
content was still recognizable; that is, you could still read parts
of the book, versus one that had been completely covered by primer,
paint, and embellishments so that the book had essentially become
only the substrate.

If the original copyright was in any country that includes "moral
right" in their copyright phraseology, then the author (or other
copyright holder) has a legal right to prosecute if  the format of a
book is altered in any way. Judgment of copyright violation would be
up to the judge in the course of the trial.


Sharon Wildwind
www.wildwindauthor.com





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         NOW ONLINE, The Bonefolder, Vol. 5, No. 1, Fall 2008 at
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