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Re: LEGAL DEPOSIT OF BOOKS



At 9:05 AM 97/05/26, LC Lloyd Archive wrote:

...
>no other artists book had ever been claimed in South Africa. We
>asserted that the book was an art work and that the law had never
>intended to claim artworks. The library sued me and after 4 days in
>court the magistrate found that the book was indeed an artwork and
>the library could not have it. The library appealed and the Supreme
>Court Judges overturned the first decision, deciding that books could
>not be artworks if there was more than one. They agreed with the
>library's weird reasoning that the copper plates (there were a lot of
>etchings in the book) were the original artworks and that the books
>themselves were reproductions.

Weird reasoning indeed. As far as I am concerned, a copper plate is a
"matrix". Prints from this matrix would be original artworks. Offset
reproductions of these artworks would be reproductions. I'm no lawyer, but
I have spent 25 years compiling and writing, among other things, the
_Encyclopedia of Printing, Photographic and Photomechanical Processes_. I
have helped several cases where the identity of a specific work was in
question. Almost everyday I do non-legal identification, classification,
translation, etc. for many museums and galleries.

...
>cost. Students are also reluctant to spend a year producing a body of
>work which might, when they graduate and exhibit be taken away from
>them by the library. All your responses are a great help to us in
>deciding how to proceed.

There is one very expensive book that I am working on that, for reasons too
long to explain here, I don't want our National Library of Canada to have.
I will try to get an official ruling before the project is complete but as
I understand it, they expect two free copies of every "book published". Non
children books are defined as works having at least 48 pages. Mine will be
over 1,000 pp. *but* their definition of "published" seems to refer to
books "made available in Canada". Well over 95% of my books are sold
outside Canada and in fact, the few  Canadians who do order my books
usually get them through mail order houses in the US. I'm thinking of NOT
making it available in Canada and therefore, I think (?) the book would not
be "published." This would save me from giving freebees to the National
Library.

Luis Nadeau
nadeaul@xxxxxxxxxxx
Fredericton, New Brunswick, Canada
http://personal.nbnet.nb.ca/nadeaul/
http://www.primenet.com/~dbarto/lnadeau.html


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