Copyright question

[Xoc]

This is a Intellectual Property question.

Suppose that there is an old book that I have confirmed is out of copyright and in the public domain. There are some drawings in that book. Suppose that there has been a modern reprint of the same that added a preface and other minor material that is still in copyright. Can I scan the images out of the modern reprint and place them on my web site without getting in trouble? Or do I have to track down an original copy of the old book to do my scans?

You may argue that who could tell the difference. But I worry that, like map makers, there might be minor flaws in the printing to tell the reprint from the original.

[Zapatista]

If they have reworked the original I believe they have the copyright to it. Track down the original and work from it.

[paynt]

Xoc I agree with Zapatista, to be on the very safe side. If possible then keep the original on hand as proof.

[mgream]

The new work as a collection attracts a new copyright because it has new material and is a rework of an existing copyright. However, the new work uses material from an existing work that has expired from copyright. At least in the UK, a case confirmed that you can take the expired content from the new work (so long as it had not been reworked in itself) - the minor printing / etc issues are inconsequential. But better to be safe than sorry - if economically practical, then obtain the original version.

[Syren_Song]

If you find a copy of the original to work from, but can't keep it "on hand" (e.g. a library book or borrowed from a friend), try this. Make a copy of the book cover, the copyright page, the page(s) you copied the artwork from, and any other page/cover that you think identifies this book as being the original work.

That should help support your contention that you got your imagery from an older book, rather than from the newer copy.