[INDOLOGY] Question about manuscript ownership

[Antonio Ferreira-Jardim]

Hi Clemency,

The photographs are the intellectual property of the researcher and can use
them as they see fit - unless the terms of sale of the manuscript to the
museum contained restraint of use clauses - which may or may not be legally
enforceable in an Indian court.

Kind regards,
Antonio
UQ
Australia

On Wed., 31 Oct. 2018, 3:25 pm Clemency Montelle via INDOLOGY, <
indology at list.indology.info> wrote:

> Dear colleagues,
>
> A researcher purchased an original Sanskrit manuscript, date of copying
> unknown, from a dealer in India, and made photocopies of it.  The original
> manuscript was then donated to a manuscript library in India. (The
> manuscript never left India so there is no conflict with the 1972
> Antiquities and Art Treasures Act's export restrictions.) The researcher
> now wants to use some of the photocopied images of the manuscript---which
> were made while the researcher owned the manuscript---in a publication.
>
> Who needs to give permission for the use of those photocopied images?  The
> researcher (and past owner of the original manuscript) who made and owns
> the photocopies, the manuscript library which is the present owner of the
> original manuscript, or both?
>
> Thanks to any insight anyone might have in this particularly complicated
> question!
>
> Best wishes,
> Clemency
>
> ----
>
> Dr. Clemency Montelle
>
> Associate Professor
>
> School of Mathematics and Statistics
>
> University of Canterbury | Te Whare Wananga o Waitaha
>
> Private Bag 4800, Christchurch 8140
>
> NEW ZEALAND
>
> http://www.math.canterbury.ac.nz/~c.montelle/
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