National Diet Library Newsletter
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No. 134, December 2003 |
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Copyright
research of Japanese books
printed
in the Meiji era:
Behind
the scenes of digitization (part one of two)
Projects Department, Kansai-kan of the National Diet Library
in the NDL Monthly Bulletin No. 511 (Oct. 2003).
1.
Introduction
Digitizing paper materials and releasing them on the Internet is not a novel project, but the Digital Library from the Meiji Era has the largest scale of coverage in Japan. Almost all the copyright-free items of the Meiji-era collection are already uploaded on the web. We continue clearing copyright issues and plan to release most of the Meiji era collection by the first half of FY 2005. Copyright research was done on each title and every author. It is a large-scale research in proportion to the number of items that will be finally uploaded. Accordingly, information on the author in each item is compared with existing authority data and when the year of an author's death is not clear, we have to consult at least ten kinds of biographical and other dictionaries. In this report, We introduce the planning, implementation and results of the copyright research on which we spent three fiscal years from 2000 to 2002. In addition, we will mention the clearing of copyright issues including open research performed from the end of FY 2002 to FY 2003. 2. What is copyright research?The Copyright Law in force states that the author has the exclusive right to digitize his/her copyrighted work (Article 21: Right of reproduction) and to make public transmission of his/her work including on the Internet (Article 23: Rights of public transmission, etc.). Copyright continues to exist until the end of a period of fifty years following the death of the author (Article 51). As for the duration of copyright, there are some exceptions for anonymous and pseudonymous works, the works of a legal person or other corporate body, and foreign authors. However, the basic assumption on general works is that from fifty-one years after the death of the author, the work is free from the copyright. Put in another way, copyright research on the books printed in the Meiji era is research on the year of the author's death. During our research, we found no surviving author, but works of some famous people such as Kafu Nagai (novelist 1879-1959) and Yukio Ozaki (politician 1858-1954) are still under copyright even though over ninety years have passed since the last year of the Meiji era (1912). When a work is still under copyright, we need to find the contact address of the successor. Since copyright is transferable, generally bereaved families inherit it. On the NDL website, open copyright information research was conducted from March to June 2003. Its purpose was to gather contact information on successors rather than to confirm the year of the author's death. By the way, the law states that works can be reproduced in libraries where reproduction is needed for preserving library materials (Article 31). However, this article does not apply to this project because the purpose of digitization is provision rather than preservation. 3. Outline of the copyright research[Workflow] The workflow of our copyright research is shown in Chart 1. Chart 1 Workflow of the copyright research ![]() If the author is identified, we check his/her copyright. Since the Authority file for Authors of the NDL includes the year of some authors' death for identification, we refer to it at first. When we do not gain enough information from the database, we go to other checking tools such as biographical dictionaries. We specify the checking tools in advance and they are used in a predetermined order. When the year of the author's death is found, the research is finished. If it is not found after all of the tools have been used, the result is recorded and the research finishes. [Procedure](1) Data arrangement We made a new bibliography list, author list, author-bibliography list, and alias name list by arranging extracts from the NDL databases. The author-bibliography list links information on an author and bibliography. A record is made for each work. It is an independent list from the author list and the bibliography list, to facilitate research when plural authors produce a work, or an author produces plural works. (2) Printouts from
microfilm
The number of filed printouts is about 6,900 volumes in 356 carton boxes. That shows the size of the collection of 170,000 books printed in the Meiji era. (3) Searching authors from printoutsThe printouts are compared with existing bibliographic data to pick out all authors involved in a work. Some authors use plural names in one work but that is not yet identified in this step. If a work has no author information and no author heading of bibliographic information, it is regarded as a copyright-free item based on Article 52 of the Copyright Law, because at least fifty years have passed since any publication in the Meiji era was issued. The subjects of the research are all of the authors involved in a work. For instance, writers of the preface, the afterword and any calligraphy, the photographer, the illustrator are included in addition to the writer, the editor and the translator. (4) Finding candidates
in the search for the year of the author's death
(5) Search for the
year of the author's death
(6) Organizing the
search results
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