[INDOLOGY] NGMCP images and copyright law

[Elliot Stern]

Dear Harry,

I ordered and paid for ms microfilms of National Archives mss microfilmed by Nepal-German project around 1978. I remember the National Archives stated a condition that restricted publication of the mss. I don’t remember if I signed agreement to these conditions, or if they were stated in the fulfillment of my request. I most likely have the papers in my office. Of the copies of microfilms of three Nyāyakaṇikā mss I requested then, I am using only one in the edition I expect to submit soon for publication. I received the other National Archives microfilm of a fourth Nyāyakaṇikā from Berlin around 1980, but with a note that they were not confident they were legally authorized to provide it. I intend to request permission to use the two mss per the guideline Roland provided.

Copyright law should not apply to the ms images. The images are not an artistic creation subject to copyright, and the authorial rights for the texts in the mss predate the copyright concept and copyright law. Copyrights protect the intellectual property rights of the creators of original artistic, literary, etc., materials. They do not protect the rights of copyists and scribes, or the reproduction of their products.

In short, my take is that the Government of Nepal have always asserted contractual rights.

Elliot M. Stern
552 South 48th Street
Philadelphia, PA 19143-2029
emstern1948 at gmail.com <mailto:emstern1948 at gmail.com>
267-240-8418 

> On Apr 14, 2022, at 5:16 PM, Harry Spier via INDOLOGY <indology at list.indology.info <mailto:indology at list.indology.info>> wrote:
> 
> What I'm still unclear about is if in the past when this service was provided, someone purchased copies of NGMPP manuscripts directly from the Nepalese government at the   National Archives (KTM) in Kathmandu, if they were required to sign something or somehow contractual rights on the manuscripts were put in place. Or in the absence of which, only international and Nepalese copyright law restricted use of the manuscripts, in which case manuscripts photographed prior to 1997 would be in the public domain and could be reproduced and published on the internet.
> Thanks,
> Harry Spier
> 
> 
> On Thu, Apr 14, 2022 at 7:03 AM Roland Steiner via INDOLOGY <indology at list.indology.info <mailto:indology at list.indology.info>> wrote:
> Dear Dominik,
> 
> As far as I know, initially there was actually a regulation that while  
> any user was allowed to view the Nepal films in the Berlin State  
> Library, copies would only be made available to scholars from Germany,  
> Austria and Switzerland (and later to all scholars working in these  
> countries). All other scholars were referred to the Nepalese side at  
> that time.
> 
> Since March 2014, however, there have been new regulations, which can  
> be downloaded from the DMG website:
> 
> https://www.dmg-web.de/page/nepal_en <https://www.dmg-web.de/page/nepal_en>
> https://www.dmg-web.de/page/nepal_en/Merkblatt_NGMPP_sc.pdf <https://www.dmg-web.de/page/nepal_en/Merkblatt_NGMPP_sc.pdf>
> 
> Accordingly, "copies/digitised copies" may be made and used for  
> research purposes, regardless of the nationality or place of work of  
> the researcher. However, editing of texts based on these microfilms is  
> only allowed with the permission of the National Archives in Kathmandu  
> (Nepal).
> 
> 
> Best regards,
> Roland
> 
> 
> 
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