Copyright question

[SarahND]

Does anyone know if there is any infringement of copyright if one were to publish on the web an index to a book that is still in print, but has an insufficient index?

I have been reading the following books:
Alienated Affections: The Scottish Experience of Divorce and Separation, 1684-1830 by Leah Leneman
Sin in the City: Sexuality and Social Control in Urban Scotland, 1660-1780 by Leah Leneman and Rosalind Mitchison
Girls in Trouble: Sexuality and Social Control in Rural Scotland, 1660-1780 by Rosalind Mitchison and Leah Leneman

They are all full of quotations from the kirk sessions and legal files with lots of names mentioned and people's testimonies given in their own words. Unfortunately, the indexes are not geared towards helping out family researchers, so almost none of the names are indexed in the last two books and only the names of the divorcing or separating couples are indexed in the first one, although names of witnesses, etc. are given in the text. This is a great pity, I think, and especially since a thorough index is so easy now if the text is already on a computer.

My question is this: If I were to make an index in the old lo-tech way of writing down the names and pages as I read, would there be a problem with putting it up, say, in this forum?

All the best,
Sarah

[DavidWW]

Hmmmm...... guid question.

One of the basic criteria here is whether there has been an "act of creation" in terms of taking an already published work and/or already published data, and then reformatting that and/or creating something that did not previously exist.

In this case, since you have taken the data, and created something that did not previously exist, then my (amatuer!) opinion would be that there is no breach of copyright involved in publishing such an index here on TS, or elsewhere

In fact, you would now hold the copyright in "your" index of these works (books in this case).

David

[SarahND]

Thanks, David. Any of you legal folks know anything different, or shall I proceed?

And if any of you who already own these books would like to do a chapter or so... I'll be more than willing to accept a wee bit of help Send me a PM if so.
All the best,
Sarah

[AnneM]

Sarah

I know virtually nothing about intellectual property law e.g. copyright so can't give a definitive answer. However I would think it would only be politic to approach the authors, if they are alive which I believe they are, through their publishers. That way if you do post/publish your indices there can be no problem. Remember the hassle the author of that literary classic "The Da Vinci Code" had with his book.

Anne

[SarahND]

Thanks, Anne. I also thought of first writing to Rosalind Mitchison-- I believe Leah Leneman has died since the publication of the books. I'll do that and post on this thread when I have an answer.
Regards,
Sarah

Edit: Oh dear, I see that she died in 2002
http://www.guardian.co.uk/obituaries/st ... 64,00.html

[LesleyB]

Hi Sarah
I believe Rosalind Mitchison is also now deceased.
see
http://www.guardian.co.uk/obituaries/st ... 64,00.html

Best wishes
Lesley

[SarahND]

Looks like we googled at the same time...

Should I contact the publishers anyway, or... what?
Regards,
Sarah

[DavidWW]

.....snipped ............

Should I contact the publishers anyway, or... what?
Regards,
Sarah

Leave it with me for a few days, - I know an expert in copyright matters.

The publishers might have to establish which descendants of the authors inherited the copyright, - which doesn't expire until 70 years after the death of the author, in this case the later dying................

David

[SarahND]

Thanks, David. I would suspect that it would generate more interest in buying the book, rather than less, but law is law...

No rush, it's not like I have this thing already done and ready to go!

All the best,
Sarah

[AnneM]

Hi Sarah

As I understand it the publishers have an interest too. As you say people would be more likely to buy the book but you're right that it is better to be safe than sorry.

Anne