I didn't get a conclusive answer either way, Dominik, or at least not one that I was able to fully comprehend. 
 
There was apparently a case in 1889 in which a publisher created an edition of a text in which passages were re-arranged, and footnotes and references from similar works added.  Someone then re-published the text with the same editions and footnotes with minor differences. The court found in favour of the original publisher on the basis that although the text itself could not be considered copyrighted, the additions and alterations, and the new arrangement of the text, was. So this is evidently not a new problem.  I suppose footnotes, endnotes and any other additions - as opposed to the edition of the text itself - would have a much stronger case for protection anywhere.
 
Thank you Birgit for noting how it works in Germany. 
 
On Tue, Nov 8, 2011 at 5:26 PM, Dominik Wujastyk <wujastyk@gmail.com> wrote:
Thanks, Venetia, this is very useful.  I didn't know about the Wikipedia page.

I don't understand your contact's reply to your query about critical editions.  What does the 2007 change mean for editions?  More stringent protection, or less?

Dominik


On 8 November 2011 06:11, venetia ansell <venetia.ansell@gmail.com> wrote:
Hi Dominik,
I had a discussion recently with an ex copyright lawyer here in Bangalore and based on that and reading a little about it on the internet (for instance the Wikipedia article on Indian copyright law here: http://en.wikipedia.org/wiki/Copyright_law_of_India) that would be my guess but it would be best to get a proper legal opinion on this.
Incidentally, I asked whether textual/critical editions are copyrighted and in that connection my contact here noted that a recent change in Indian copyright law in 2007 means that creativity and originality are given more weightage than they used to be - it used to be based more on 'sweat of the brow'.
Best,
Venetia

On Tue, Nov 8, 2011 at 2:09 AM, Dominik Wujastyk <wujastyk@gmail.com> wrote:
Dear Venetia,

Have you got a reference for that?

Best,
Dominik



--
Dr Dominik Wujastyk
Department of South Asia, Tibetan and Buddhist Studies,
University of Vienna,
Spitalgasse 2-4, Courtyard 2, Entrance 2.1
1090 Vienna
Austria

Project | home page | PGP | Free Dropbox account




On 7 November 2011 05:45, venetia ansell <venetia.ansell@gmail.com> wrote:
Dear Anthony,
My limited understanding of Indian copyright law is that copyright expires either sixty years after the death of the author or sixty years after the publication of a work if it is published posthumously or if it is a photograph.
So it would seem to be fine to re-use by either reckoning.
Best,
Venetia

On Sat, Nov 5, 2011 at 3:05 AM, A.Cerulli <acerulli@aya.yale.edu> wrote:

Dear Colleagues,

I am trying to check on permissions for an image (a black & white drawing) I'd like to reprint that came out in an edition of the Caraka Samhita with Shri Venkateshwar Press in 1898.

 

I wrote to the press using an online contact form at the Khemraj Shrikrishnadass website, but received no response. 
Does anyone on the list have a contact at this press who might be able to help me?
 

Also, re copyright laws, does anyone know if after a certain number of years an image in a book becomes part of the public domain?

 

Thanks in advance for your assistance.

 

All the best,

Anthony Cerulli

Hobart & William Smith Colleges

 




--
Venetia Ansell
Bangalore | India





--
Venetia Ansell
Bangalore | India





--
Venetia Ansell
Bangalore | India
www.venetiaansell.wordpress.com