QUESTION

Is this document copyrighted?

Asked on Aug 17th, 2011 on Patents - New York
More details to this question:
I have a mimeographed copy of the deciphering of an old handwritten diary. The person who deciphered it in 1983 (basically read it and made out the author's handwriting and typed up the text). He has his name (no copyright notice though) on the copy I have. Essentially, no new content was added to the original diary (which is over 200 yrs old). Can I legally publish the diary myself without copyright infringement? Thanks.
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2 ANSWERS

Licensing Attorney serving Portland, OR at Mark S. Hubert PC
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The English translation may be viewed as that translater's own interpretation of what the original diary says. As such it has automatic copyright protection (since 1978) and requires no notice.
Answered on Aug 19th, 2011 at 2:16 PM

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Internet Attorney serving New York, NY at Handal & Morofsky, LLC
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If there is absolutely no new content, in my opinion there is no protectable expression. However, other rights may exist that could give rise to a right to compensation.
Answered on Aug 19th, 2011 at 11:28 AM

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