Re: second-hand ownership

["Pippa Smart" <pippa.smart@googlemail.com>]

A lot depends on the agreement you made with the Jerusalem 
library, but I would assume that by requesting permission to use 
the samples in your article you (and your journal) are not 
granted any ownership rights, so if you want to use the samples 
again (in a new article) you need to return to the Jerusalem 
library. (I'm sure it would *not* constitute fair use for you to 
reproduce parts of your article including the samples as this 
would contravene part of the Berne 3-step test - i.e. that it 
would impinge on "the normal exploitation of the work..")

however it might be worthwhile for you to approach the Jerusalem 
library to ask for toll-free use of the samples in your future 
articles, on the basis that you have paid once, and are providing 
them with promotion.

good luck!
pippa

Pippa Smart
Research Communication and Publishing Consultant
PSP Consulting - www.pspconsulting.org
3 Park Lane, Appleton, Oxon OX13 5JT,UK
Tel: +44 1865 864255
Mob: +44 7775 627688
Skype: pippasmart
pippa.smart@gmail.com


On 15/11/2007, Ari Belenkiy <belenka@mail.biu.ac.il> wrote:
> Dear list members:
>
> I have a question on the ownership of "second-hand" artifacts.
>
> Recently I published a paper that displayed samples of Newton's
> handwriting from Jerusalem library.  I paid for each of them in
> cash:)
>
> Now I want to publish another paper in another journal with parts
> of the same pages displayed again.
>
> Should I pay to the same library again (for virtually same
> pages)?
>
> Or should I negotiate the matter with the first journal to
> dismiss charges altogether?  Or?
>
> Ari Belenkiy