From the IPO guide(their bold):
.....It is the image in which BL are claiming copyright as they scanned/photoed the image......
Copyright in the typographical arrangement of a published edition expires 25 years from the end of the year in which the edition was first published.
Published editions do not have to be original but they will not be new copyright works if the typographical arrangement has been copied from existing published editions.
Fine, so you have to wait 25 years for that (except**).
My understanding is that it is the visual image
being reproduced from that publisher's book that is at issue(provided the melody and lyrics are also out of copyright, (**from death of the composer/author etc plus whatever).
The problem with these interesting discussions is that you have to take all the variables into account for a specific
book and its content to be able to come to a clear decision.
If you have your own old copy of The Times (found in your great grandfather's rubbish in the loft AND which falls outside the copyright periods then you can reproduce he front page as much as you want and flog it where you want. But try and lift and start selling the version scanned in by Mr Fox and Co then Homer Simpson Detective Agency may well come after you.
Perhaps another example to add to the confusion.
French novel from say 1870.
Out of copyright.
But only one copy left in the French National Library. If you want to reproduce a facsimile/photo of the pages of their book you will have to pay them a repro fee depending on how many copies you make and how many copies you are going to sell.
However, you then find another copy on the Seine bookstalls and you can make as many copies as you like. If someone then reproduces, without a licence from you, your text page images from that found book , you can probably sue them.
Write or type up the book yourself from the original BN one -- day after day with quill and ink - then no fee to be paid and you can reproduce your own handwritten version and sell it and then you control the rights on that version. But someone could then go into the library, ask for your book off the shel and write out the text with a ballpoint pen and then sell their ballpoint version. The text itself is free to reproduce in such a way.
Translate the French original into German in 2011, then tho the original is out of copyright, your translation then gets a copyright life of its own and no one else can use that translation in any form without permission from you alone. Put your own fancy cover on your translation and no on can reproduce that either , with proviso for text and cover that is, until the relevant copyright periods expire.
Probably no clearer either!
Edited by Kautilya, 01 December 2011 - 08:03 PM.