Abstract
This article presents the facts and decision in Elisha Qimron v. Hershel Shanks; some general remarks on copyright law; and the Issues re-ventilated in Dr. Lionel Sawkins v. Hyperion Records Ltd. The fundamental copyright issue in the Dead Sea Scrolls case was what constituted authorship. The discussion agrees with Jane Gisburg's claim that reconstructive editorial work is that of an author. It also notes that the existence of copyright in an edited text does not enable the right-holder to ‘lock up scholarship’ or prevent access to the material. The very act of publication precludes this, since copyright law does not bar anyone from reading, and the work may be used for private study and research, or quoted from for purposes of criticism and review, so long as that amounts to fair dealing.
| Original language | English |
|---|---|
| Title of host publication | The Oxford Handbook of the Dead Sea Scrolls |
| Editors | Timothy H. Lim, John J. Collins |
| Publisher | Oxford University Press |
| Pages | 723-748 |
| Number of pages | 26 |
| ISBN (Print) | 9780199207237 |
| DOIs | |
| Publication status | Published - 2010 |
Publication series
| Name | Oxford Handbooks in Religion and Theology |
|---|
Keywords / Materials (for Non-textual outputs)
- copyright
- authorship
- editorial reconstruction
- originality
- moral rights
- copyright exceptions
Fingerprint
Dive into the research topics of 'The scrolls and the legal definition of authorship'. Together they form a unique fingerprint.Projects
- 1 Finished
-
AHRC/SCRIPT: AHRC Research Centre for Studies in Intellectual Property and Technology Law
Laurie, G. (Principal Investigator), Craufurd-Smith, R. (Co-investigator), Guadamuz, A. (Co-investigator), MacQueen, H. (Co-investigator), Schafer, B. (Co-investigator) & Waelde, C. (Co-investigator)
1/04/07 → 30/06/12
Project: Research
Research output
- 1 Working paper
-
The Dead Sea Scrolls and the Legal Definition of Authorship
MacQueen, H., 4 Jul 2014, University of Edinburgh, School of Law, Working Papers, 30 p. (Edinburgh Law School Working Papers; no. 2014/32).Research output: Working paper
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