andye - 10:46 am on May 26, 2005 (gmt 0)

Works in the public domain can indeed be copyrighted.

I don't know as much about the US position, but in the UK there is a particular class of copyright for

published editions of works, i.e. the typographical arrangement of a publication

and this is distinct from the right which attaches to

original literary works, e.g. novels, instruction manuals, computer programs, lyrics for songs, articles in newspapers, some types of databases

(these quotes are from the UK patent office website).

A newly written book that's just been published would of course have both rights. A public domain work that's been republished would only have the 'published edition' right, and not the 'original literary works' right.

The full legislative wording is:

8 Published editions (1) In this Part "published edition", in the context of copyright in the typographical arrangement of a published edition, means a published edition of the whole or any part of one or more literary, dramatic or musical works. (2) Copyright does not subsist in the typographical arrangement of a published edition if, or to the extent that, it reproduces the typographical arrangement of a previous edition.

My source is the primary legislation: "Copyright, Designs and Patents Act 1988, as amended" - AKA "Copyright, Rights in Performances, Publication Right, Database Right: UNOFFICIAL CONSOLIDATED TEXT OF UK LEGISLATION TO 31ST DECEMBER 2003" (UK Patent Office)

Interestingly, the duration of this 'typographical arrangement of a published edition' copyright is different - it's 25 years from the publication date, as opposed to 70 years from the authors death (as in the case of the more well-known 'literary, dramatic, musical or artistic works' right). Paras 12 and 15 of the amended Act.

Best wishes, a.