I think Wim is right that scholars can help shape the discussion, and I
think the "legal community" listens to scholars; at least they will from
time to time ask them to consult. And I like Peter's and Paul's idea
that our various allied organizations ought to begin talking seriously
about guidelines clarifying the problem of copyright and scholarly
editions. We might, too, look into what MLA has done about copyright in
any of its committees. (I am just stepping off of the Committee on
Scholarly Editions, and I know it has not addressed this matter, but
other committees might have.)
But Paul does put his finger on one worm in the can of worms he has
proffered, and that is what is a scholarly edition, legally. Last year,
I published with Longman a new "fluid-text" critical edition of
Moby-Dick. The base text was from the American edition, and I did not
mix into this text any variants from other editions; however, I
highlighted (in a gray font) all revision sites in the text and supplied
revision narratives for each site, either on the reading text page, or
in an appendix, that explain the variants and possible causes. This is
a new scholarly version of MD, distinct from the only two other
scholarly editions of MD that have emerged since 1950 (the Hendricks
House edition and the Northwestern-Newberry "eclectic" edition).
However, this new edition is a commercial publication. While it has a
full textual apparatus in the back, it has been distributed for
classroom use and in general markets. No other commercial edition of MD
(including Norton now) offers textual information on MD in this way or
to this extent. And it seems to be getting positive reviews from
professors using it in the classroom.
Obviously, MD is in the public domain, so I did not have to secure
rights to the text of the American first edition or any other edition,
and it may be that MD is not a relevant case for our discussion here,
but I think the Longman edition approach (both in terms of textual
scholarship and marketing) raises questions as to what this kind of
edition "is." Could such an approach be used for a work that remains in
copyright? Yes, that could happen. But if government were to exempt
"scholarly editions" from copyright rules, would a Longman type edition
(scholarly but commercial) be so classified and exempt?
yrs,
John
___________
John Bryant, English Department, Hofstra University, Hempstead, NY 11549
>>> [log in to unmask] 06/05/08 11:29 PM >>>
Would it be worthwhile to push for relevant professional societies
and Lists to formulate a generally agreed position in relation to
scholarly editions and copyright?
A case can surely be argued that they ought to constitute a specific
category of exemption from normal 70-year copyright provisions.
That case, if we could come up with a satisfactory formulation, could
be invoked by scholars and publishers, perhaps in civil cases but
more certainly whenever legislative reform to copyright laws was
publicly called for. Convincing publishers associations to take it on
as part of their lobbying of government would be another route. For
that to happen they would have to see it as being in their clear
interest.
A starting point might be to distinguish between the scholarly
edition itself (in the overwhelming majority of cases issued in
non-commercial quantities and usually subsidised in one way or
another) and general readers' editions with texts and sometimes other
material taken from them (these would be seen as 'commercial') .
One could argue for, say, a ten-year rule for scholarly editions on
the grounds of public benefit through the enabling of scholarship.
The commercial spin-offs would not qualify for exempt status.
Once the scholarly editions were in legalised existence Estates might
come to the party. Their choice would be to authorise either the
existing text for commercial reproduction or to decide that the new
one conferred some superior benefit (including the possibility of
more sales flowing from publicity surrounding whatever discoveries
the scholarly editior had made). They might well authorise both.
There would be opportunities for publishers here, and scholarship
would not be stymied.
This still leaves problems: what about the unpublished works? and of
quotation from them? How would one edition qualify as 'scholarly' and
another as not? Can of worms, I hear you say? Maybe, but I think it
could be dealt with.
James Joyce comes out of copyright at the start of 2012. Patrick
White, who died in 1990, in 2061. Everyone will have their favourite
example to add to this list. As things stand at present, there is
little point in proceeding with scholarly editions of such writers
except where an Estate gives full cooperation.
Paul Eggert
PS It would be good to hear from any publishers on the List.
>It might be worth separating out the copyright problems scholars
>have when they try to use materials that are claimed by others, such
>as an author's estate, from the problems scholars create or allow to
>be created by signing away to publishers exclusive rights in their
>own scholarly writings.
>
>Peter Shillingsburg
>
>
>
>
>
>
>
>-----Original Message-----
>From: The list of the European Society for Textual Scholarship and
>the Society for Textual Scholarship on behalf of Germaine Warkentin
>Sent: Thu 05/06/2008 18:32
>To: [log in to unmask]
>Subject: Re: Copyright and Scholarship
>
>John, I haven't the foggiest notion of how to shape legal discourse
>about books as property, though I'm currently taking a crack at the
>ontological problem (seriously). But I agree -- lawyers don't know what
>they're doing in this field. I know of a major Collected Works project
>that was almost stopped some years ago because the eminent deceased's
>lawyer, who was also an executor, thought his client's property-rights
>would in some way be infringed by it! Go figure.
>
>On another matter: that self-published book. I hope some smart young
>book historian is looking at this fied as it develops. But maybe that's
>a matter for SHARP-L. cheers, Germaine
>
>--
>***********************************************************************
>Germaine Warkentin // English (Emeritus)
>VC 205, Victoria College (University of Toronto),
>73 Queen's Park Crescent East, Toronto, Ont. M5S 1K7, CANADA
>[log in to unmask] (fax number on request)
>***********************************************************************
--
Paul Eggert | Professor of English | Australian Scholarly
Editions Centre Projects |
School of Humanities & Social Sciences | University of New South
Wales at ADFA | Canberra ACT 2600 | AUSTRALIA |
+61 (0)2 6268 8900 +61 (0)2 6268 8879 (fax)
http://www.unsw.adfa.edu.au/ASEC [log in to unmask]
|
