Sharon Collier wrote:
What about using designs that are hundreds of years old, but are in a "new"
publication. I teach a blackwork class to 4-5 graders (no fee, just part of
the Fines Arts Block at my son's school)and copy images for them to use on
their samplers, as it is easier than tracing each one individually.
This depends on whether the new publication is a reprint or not.
A reprint is material that is published exactly as is. No editing. No
redrawing of illustrations. No selection and organization of materials
for an anthology; or a selection and organization that is so obvious as
to require no originality.
For example, every single poem by Robert Burns ever published, reprinted
exactly as first published in the exact order of first publication, is a
reprint. If the poems are chosen by arbitrary criteria such as "best
poems," and/or organized by arbitrary criteria such as "nature poems,"
"love poems," "Scottish poems," etc., then this is a new anthology
covered by modern copyright, and copying significant portions of it is a
copyright violation.
All new material added is covered by modern copyright, such as an
introduction, footnotes, glossary, index, and/or appendices; and even,
often, the page design and layout. All modern translations from foreign
languages are covered by copyright, just as if they had originally been
written today in English.
If you have an exact reprint of a 16th-century blackwork manual (or the
16th-century blackwork manual itself), yes, you can freely copy the
images. If you are using someone else's redrawings or rechartings of the
16th-century manual, you are violating their copyright, whether the
students are given the material to trace or whether you photocopy it for
them. Legally, they should be told to buy the textbook.
It is also legal for you to take the original 16th-century manual or an
EXACT reprint (no editing, recharting, etc.), redraw/rechart the images
yourself, and hand that work out to your students. But you have to go
back to the original. You can't ride on someone else's previous work.
Fran
Lavolta Press
http://www.lavoltapress.com
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