The Scrolls and the Legal Definition of Authorship

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.