A Handbook of Contemporary Research
Research Handbooks in Intellectual Property series
Edited by Paul Torremans
Chapter 2: Legal isues pertaining to the restoration and reconstitution of manuscripts, sheet music, paintings and films for marketing purposes
2 Legal issues pertaining to the restoration and reconstitution of manuscripts, sheet music, paintings and films for marketing purposes Paul Torremans1 Introduction I must admit that I was somewhat taken aback when I started to think about this topic. It seemed so broad and yet very specific at the same time. Very soon though I came to the conclusion that the legal issues to which the topic refers are anything but special issues that relate only to restoration and reconstitution. Instead, it seems to me that the main focus should be on the central concepts of copyright. There are by definition at least two creators involved when one talks about restoration and reconstitution. And they did undertake their creative activity at different times. This raises questions about originality. Is the work of the person restoring or reconstituting a work making an original contribution for the purposes of copyright law? In order to answer the question we need to be very clear about the requirements of originality. We need to define the concept very clearly. A second question that arises is whether there is a separate copyright work resulting from the restoration or reconstitution. In answering both questions the concept of authorship and the way we define it may be of crucial importance. As a result of this initial realisation, I concluded that it was not a wise idea to try and analyse these issues one by one in an abstract way. That would amount to writing a copyright treatise in...
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