Legal Question in Intellectual Property in Maryland

Electronic copyright of public domain materials

There are several sites on the Internet where public domain religion texts have been published. The unaltered texts were simply type or scan in verbatim. In some files new material such as pictures and decorations has been added. Other files consist only of the text. In all cases the owners of the sites are claiming an "Electronic copyright" on the text itself, not just on the new material or on its being a compilation. My questions are these: (1) Does merely taping or scanning in an unaltered public domain text give them an "electronic copyright" on what is other wise public domain material? (2) Can I lift the parts of the unaltered verbatim text from these files and use them? (3) Are my translations of public domain material copyrightable?


Asked on 1/26/98, 9:37 pm

2 Answers from Attorneys

Patrick Tracy Patrick J. Tracy, Esq, P.E.,

Copyright Question

I have read your questions. The simple answer to your question is that it does depend on the new document. In this case if this is considered to be a new tangible expression in a medium there may be an issue. However, in most cases even if there were a copyright on the revised work, the doctrine of fair use would come into play.

Under the doctrine of fair use you can exerpt sections of a work either for education or some related common cause or public policy use without violating the copyright. Howevr usually when you are exerpting a large amount and this is going to be used in a commercial work then there would have to be permission from the copyright holder to use the material.

In general, this is a very unsettled area of the law since the inception of the internet and it has only been two years which is not enough time for the courts to make clear dividing lines regarding these areas and how they "play out" in this context.

I don't know what you mean by translations so I cannot comment on what you want to know.

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Answered on 1/28/98, 8:36 pm
Joseph R. Dreitler vorys sater saymour & pease

does not sound right

There is no such thing as an "electronic copyright". This text is copyrighted or it is not. If it is truly public domain, the mere putting it via scan on the net - or anywhere else does not give it any protection. Beware. There are people who claim that certain religious materials (notably Scientology) is public domain. They are being sued in almost all cases by the church. Bottom line, be careful of what you post.

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Answered on 1/28/98, 10:40 pm


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