12/2004
The Anaïs Nin Trust would like to post the following information with regard to the use of Anaïs Nin works online: |
The Fiction & Non-Fiction of Anaïs Nin 1914-1996:
"All rights reserved. No part of this publication may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopy, recording, or any information storage and retrieval system without permission in writing from the publisher." |
Photographic Supplements:
"All rights reserved. No part of this publication may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopy, recording, or any information storage and retrieval system without permission in writing from the publisher." |
Copyright includes and is not limited to the following works:
Capra Press: The Mystic of Sex and Other Writings | Swallow Press, Ohio University Press, Macmillan Publishing Co.: D.H. Lawrence: An Unprofessional Study | House of Incest (a prose poem) | Winter of Artifice | Under a Glass Bell (stories) | Ladders to Fire | Children of the Albatross | The Four-Chambered Heart | A Spy in the House of Love | Seduction of the Minotaur | Collages | Cities of the Interior | A Woman Speaks | The Novel of the Future | "Waste of Timelessness" and Other Early Stories |
Copyright also includes and is not limited to the following works:
Harcourt Brace & Company: Delta of Venus | The Diary of Anaïs Nin, Volumes I-VII (1931-1974) | A Photographic Supplement to the Diary of Anaïs Nin | In Favor of the Sensitive Man and Other Essays | Little Birds: Erotica | The Early Diary of Anaïs Nin Vol. I (Linotte) (1914-1920) | The Early Diary of Anaïs Nin Vol. II, III, IV (1920-1931) | Henry & June: From "A Journal of Love" | A Literate Passion (with Henry Miller) | Incest: From "A Journal of Love" | Fire: From "A Journal of Love" | Nearer the Moon: From "A Journal of Love" |
All works, photographs and illustrations © copyright The Anaïs Nin Trust - per the Last Will & Testament of Anaïs Nin |
 CAN'T I SCAN AN IMAGE AND PUT IT ONLINE? - [http://www.rightsforartists.com/copyright.html] |
- If you are not the original creator or copyright owner of the image, you cannot legally redistribute that image. Scanning an image and placing it online is redistribution and it is a breach of copyright.
- This includes images found in magazines, books, newspapers, greeting cards, calendars, catalogs, CD covers, brochures, etc.
- You cannot legally scan and redistribute photographs, cartoons, illustrations, drawings, etc., if they are protected by copyright.
- You cannot legally create a "fan site" using copyrighted photographs without the expressed permission of the photographer or copyright owner.
- You cannot "freeze" an image from a television program, movie, or film for redistribution. The television program, movie, or film is protected by copyright as a complete entity and as individual frames.
- It is prudent to assume that everything that is published has a restricted copyright. Check the source of the image you want to scan for its copyright restrictions.
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HOW CAN I TELL WHETHER A BOOK CAN GO ONLINE? - [http://onlinebooks.library.upenn.edu/okbooks.html] |
In order for a book to go online, either
- the copyright holder (usually the author) has to give permission, or
- the book needs to be in the public domain (i.e. copyright on the material has expired), or
- there must be a special legal exemption allowing whoever puts the book online to do so without permission of the copyright holder. (This last case is quite rare; in the US, it may apply to libraries and archives with respect to some out-of-print books from 1923 through 1928.)
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The 7 Deadly Myths of Internet Copyright
by Attorney David L. Amkraut |
Summary: AN EXCELLENT RULE OF THUMB: If you do not have specific permission (preferably written!) from the owner of a photo, you cannot legally display it on a website, post it to the Usenet, copy it, send it around by Email or other means, make photos derived from it, sell it, or otherwise exploit it.. . . MYTH # 5."If I am not making money off the photos, I am not violating copyright."Copyright infringement is not excused if you are doing it for some reason other than profit, such as malice or the collectivist notion that an individual's creative work "should be free for all to share." . . . The court may fine you more or treat you more harshly if you have a profit motive. But you can still get punished-badly-if your actions are harming the commercial value of the infringed pictures. Or if you infringed "knowingly" or "willfully." Or if the judge thinks it appropriate to "send a warning" to discourage other would-be infringers.. . . Violating copyright is illegal whether you do it for money, love, competitive advantage, malice, or any other reason.. . . Unless you have specific permission, you can not distribute, copy, publicly display, sell, or otherwise exploit or commercially use someone else's photos.
Read the entire article: by Attorney David L. Amkraut |
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