The texts of critical editions under French law are not subject to copyright?

An interesting post on Twitter by Gregory Crane of the Perseus project leads to some interesting finds:

The Scaife viewer build on work by @PonteIneptique. It would be easy to import the texts into gitlab.inria.fr/almanach/cllg/ from @ThesLingGraecae. We have chosen not to do so but there is no copyright at play. Here are the biggest 20 not yet in Perseus….

Thibault Clérice seems to be the main man here.  Inria seems to be doing some very useful things.   The Corpus Liberatum Linguae Graecae site at gitlab:

The CLLG Freed Corpus is a free XML-TEI corpus of Ancient Greek texts derived from the Thesaurus Linguae Graecae (TLG) E CD-ROM.
It has been transformed using Diogenes and enriched with Dapytains-compatible citation structures.

The corpus is developed within the CLLG project, funded by the Programme Inria Quadrant at Inria.

The corpus is tested with HookTest.

With the interesting postscript:

Texts are distributed under French law, which holds that the texts of critical editions are not subject to copyright protection, as they do not constitute an expression of the editor’s personality (CA Paris, Pôle 5, 2ème Ch., 9 June 2017, no. 16/00005).

The Cour d’appel de Paris judgement is here, but I have not tried to read it.  It seems to be a case where a publisher, Libraire Droz, sued another publisher, Libraire Classiques Garnier.  Droz lost.  AI Overview:

In CA Paris, Pôle 5, 2ème Ch., 9 June 2017, no. 16/00005, the Paris Court of Appeal confirmed that a publisher cannot claim copyright protection over public-domain medieval texts when the transcription involves no original creative input.

Lack of Originality: The court held that Librairie Droz did not perform a creative or transformative editorial adaptation on the underlying medieval texts. Transcribing, retranscribing, or applying standard paleographic methods (like fixing punctuation or abbreviations) to public domain material does not imprint the work with the author’s personality.

Copyright Infringement Rejected: Because the texts lacked the originality required to qualify as works of the mind (œuvres de l’esprit), the infringement (contrefaçon) and damages claims by Librairie Droz were dismissed.

Even more interesting is CoMMA:

…a large-scale corpus of medieval manuscripts produced through automatic text recognition. The corpus contains around 2.5b tokens drawn from more than 23,000 digitized manuscripts in Latin and Old French, harvested via IIIF. Unlike other resources, it is made of raw, non-normalized text enriched with layout analysis in various formats.

A PDF describing this is here.  It does say:

For medieval manuscripts in Western languages, recognition accuracy is increasingly limited, not by models but by the availability of ground-truth data, with current error rates often below 10%.

10% is a big error rate, tho.  Even 1% is painful in OCR.  But it’s a massive step forward.

I see other projects which are bootlegging the Thesaurus Linguae Graecae.  The TLG is run by the excellent Maria Pantelia, who relies on subscriptions to hire people to transcribe texts.  So I have very mixed feelings here.  The TLG is wonderful and necessary.  It needs that revenue stream until the project is complete.

Much as I want to see everything available to everyone freely, I agree with Gregory Crane.  I’m not going to do things that might injure the TLG.  Nobody else should do so either.  Let Dr Pantelia carry out her mission.  The world will not end if we have to manage for a few more years until she’s done.

In general, if there are people out there producing stuff that promotes the classics, patristics, the ancient world, let them enjoy the income from their labour.  Heaven knows there isn’t huge money to be made.  A few PDFs for use by the poor people, of books that are sold at hundreds of dollars; that is one thing.  That won’t affect the publisher revenue stream.  But let’s not wreck projects like the TLG.

Update (26 Sep 2026): I learn from a twitter post by Gregory Crane that “the EU allows nations to copyright editions for up to but not more than 30 years.”

The regulation in question is article 5 of the EU Copyright Term Directive (Directive 2006/116/EC, originally 1993/98/EC) (Download PDF here).   The regulation is optional, however.  Relevant extract:

An AI search (caution!) tells me that only Germany – inevitably – and Estonia have implemented it.  No doubt the German government – which seems to be completely subservient to the publishing industry – drew up this foolish clause.

From My Diary

I have a pile of things to write about on my desktop, but domestic trivia keep getting in the way.

I need to decide what to do about the letters of Aeneas of Gaza, now that I know these are at roman-letters.org, with the Greek and an AI-assisted translation from it.  I intended to translate the Italian translation, and took some steps towards it.  What now?

A couple of articles and theses deserve short articles.  One is on the Septizonium in Rome, something always dear to my heart.  Who knew that detailed plans existed of all three levels of the monument?

I need to do something about Coptic texts, and the White Monastery.  I read a lot about this, and it ought to be written up.  There’s some translations in the Liturgy of the Hours that deserve attention.  And so on.

As the days draw in, these all will become easier to work on.  Although I find that I have already booked my Christmas meal, and that this no longer seems very far away.  How the days rush past!

More importantly, I’m also preparing for a short holiday by the sea in a couple of weeks.  As ever, the preparations for the holiday take longer than the holiday itself.  They will no doubt consume most of the intervening time.

The plans are more complicated this year.  Usually I drive to the destination, which means that I can take a car-full of things with me.  But I have  recently discovered that I now cannot drive more than a couple of hours without starting to become dizzy.  I have no idea why.  Is it connected to my new car, perhaps, acquired only in February at a time when I definitely did not have this problem?  Or is it me, little health niggles turning into something more serious?  Whatever the case, this is a new problem, unwelcome, and a bit worrying.  It means that a five hour drive is out of the question.  So this time we are going to take the train, and then hire a car for the last hour of the journey.  More expensive by a mile, but safer.

However it is a long time since I took the train anywhere.  So next week, I shall carry out a reconnaissance.  I will buy a day return covering the first part of the route, just to ensure that I have no problems doing that, and to spy out the facilities – toilets, food, etc – along the way.

Other tasks proliferate, and absorb time with urgent tasks that matter nothing once complete. Other things are more important.  All of them seem to take longer these days.  This afternoon vanished, for instance, getting my car valeted, and steam-cleaned internally.

Four years ago, I moved out of my house to a rented bungalow in the country.  This proved to be in poor repair in important ways – it had a leak in the roof! – and it was damp.  None of this was apparent in high summer when I took it.  So I was obliged to return.  My books were thoroughly jumbled by being packed and unpacked twice.  I did not expect to remain here long, so I took various short-cuts and double-banked the books.  But this had the consequence that I could never find anything.  A week or two back, I finally gave in, brought two book cases back into the house, and un-double-banked the books.  I had not expected this, but I found that I was remarkably pleased to see them all at last!  You can only be temporary for so long, and four years is too long.

Another task left over from the move was to connect up my parents’ hi-fi system.  I keep it because all the LPs from my college days live underneath, stored more conveniently than they could be anywhere else.  But I have never plugged it in since I returned, because I never use it.  All my music is on MP3 these days.  Anyway, that too is done, and after a day of struggle, I managed to play CDs, LPs, cassettes and tune to the radio once more.  Although it is remarkable how awful analogue hi-fis were, and are.

This has led me to look at the three boxes of cassettes that I still have.  Most of these are things recorded from LP at college, to save money.  Such albums I have long since purchased on CD.  But a few of them are unique.  There are demos from two bands that never “made it”, but that I cherish in memory.  There are a few bootlegs on cassette.  These I need to transfer to digital format.  This is fighting me mightily, but I intend to prevail.

I think that I do need that holiday.  It’s too easy to turn life into a treadmill.

Translations at Luke J. Stevens

Luke J. Stevens is an independent researcher who is publishing interesting material in the JTS, JECS and other significant journals.  Thankfully this is all accessible through his personal website, and also at Academia.

But even better than this, he has made accessible some draft translations of some unusual patristic texts.  (I’ve added CPL numbers where I could find them)

The Dionysius bar Salibi is from the CSCO Latin translation rather than direct from the Syriac, but none the worse for that.

Everyone should do this with their draft translations.  Grab them while they’re hot!

Did Pierius sacrifice?

The Acts of St Phileas record the events of 305 AD during the Great Persecution under Diocletian.  An ancient Latin translation exists, but in the 20th century two Greek versions of the Acts were discovered.  These  are in the Bodmer papyrus 20 (= Bo), and a different version in the Chester Beatty papyrus 15 (= Be).

The Bodmer version Bo begins as follows.  The translation us by H. Musurillo, The Acts of the Christian Martyrs (1972), pp. 330-1:

1. The defence speech of Phileas, bishop of Thmuis and ruler of Alexandria, when he appeared for the fifth time in court and was thenceforth consummated.

Now at the time of his first defence, after many insults on the part of the prefect, much disturbance, and rackings by the legionaries even beyond the fourth peg, he was cast [into prison? ] at Thmuis for two days. Then going about in chains and with bare feet . . . he came to Alexandria and was cast into prison…

2. Though insulted and beaten, he did not flinch. Similarly at his third and fourth appearances, after many insults and blows, Phileas was told: ‘You have killed many men by not sacrificing. Pierius saved many by submitting.’ (Πιέριος πολλοὺς ἔσωσεν ὑποταγείς.)

Summoned for a fifth time, together with the clergy who were with him to the number of twenty, Phileas was asked by the prefect: ‘Can you now be reasonable?’

Phileas answered: ‘I am always reasonable, and I exercise myself in good sense.’

‘Sacrifice to the gods,’ said the prefect.

‘I will not,’ said Phileas.

Culcianus said: ‘Why? .. .’

Now Jerome tells us of a famous biblical scholar of the name of Pierius in  his De Viris Illustribus c.76:

Pierius, presbyter of the church at Alexandria in the reign of Carus and Diocletian, at the time when Theonas ruled as bishop in the same church, taught the people with great success and attained such elegance of language and published so many treatises on all sorts of subjects (which are still extant) that he was called Origen Junior. He was remarkable for his self-discipline, devoted to voluntary poverty, and thoroughly acquainted with the dialectic art. After the persecution, he passed the rest of his life at Rome. There is extant a long treatise of his, On the prophet Hosea which from internal evidence appears to have been delivered on the vigil of Passover.

Eusebius in his Church History book 7 c. 32 mentions him:

Among those nearest our times, we have known Pierius, of the presbyters in Alexandria, and Meletius, bishop of the churches in Pontus, – rarest of men. The first was distinguished for his life of extreme poverty and his philosophic learning, and was exceedingly diligent in the contemplation and exposition of divine things, and in public discourses in the church. Meletius, whom the learned called the “honey of Attica,” was a man whom every one would describe as most accomplished in all kinds of learning; and it would be impossible to admire sufficiently his rhetorical skill. It might be said that he possessed this by nature; but who could surpass the excellence of his great experience and erudition in other respects? For in all branches of knowledge had you undertaken to try him even once, you would have said that he was the most skillful and learned. Moreover, the virtues of his life were not less remarkable. We observed him well in the time of the persecution, when for seven full years he was escaping from its fury in the regions of Palestine.

He is also mentioned by Photius (Bibliotheca 119), who had ten of his homilies  before him, and who quotes him.  There is also something among the fragments of Philip of Side.  Palladius in the Lausiac History cc. 12 and 143 tells us that the hermit Ammonius, in the Nitrian desert recited numerous passages of his writing, and St Silvia of Aquitaine on her pilgrimage to the Holy Land studied his commentaries.

Further details can be found in the article by G. Fritz in the old Dictionaire de théologie catholique 12.2 (1935), col. 1744-6 (Online here).  This suggests that Pierius may indeed have spent his final years at Rome, either to avoid the very long and severe persecution at Alexandria, or else to avoid the “decidedly anti-Origenist” Patriarch Peter I, who had succeeded the more tolerant Theonas in 300 and who travelled rather than be martyred.  When the DTC article was written, the Bodmer papyrus was still unknown, so it is interesting to see this opinion.

The discovery of the Bodmer papyrus therefore alters our perception of this man.  In Barns and Chadwick, “A letter ascribed to Peter of Alexandria” JTS NS 24 (1973) 443-455 (JSTOR), we find:

It was natural for the church to remember with pride the names and ‘birthdays’ of the martyrs who had died in the great persecution, and equally natural that the names of apostates were not recorded. Lapse, whether by preference or by weakness, had taken them out of the community, and there could be nothing but grief and embarrassment in the later recall of their concession to diabolical forces. No one had a motive for advertising their number or even existence. There was every reason to hush up the awkward facts, especially if the apostate had been a divine of some eminence like Pierius.2 Poor Pierius had to leave Alexandria and spend the rest of his days in quiet obscurity somewhere in Rome, which was a large enough place to get lost in.

The footnote reads:

2. His lapse is now certain from the Bodmer papyrus of the Acts of S. Phileas. At his trial Phileas was told ‘You have killed many men by not sacrificing: Pierius saved many by submitting’. See Herbert Musurillo, The Acts of the Christian Martyrs (1972), pp. 330-1. Jerome (de vir. inl. 76) says that ‘after the persecution Pierius lived the rest of his life in Rome’. In view of Pierius’ lapse it is remarkable that there was a church named after him at Alexandria, mentioned in the list given by Epiphanius (Panarion 69. 2. 4. Ill p. 153 Holl). Perhaps the existence of this church (perhaps a house-church that was originally the private property of Pierius himself?) may have made possible the later legend that Pierius was martyred in the persecution, attested in the Latin martyrologies of Ado (PL vol. 123, col. 390, for 4 Nov.) and Usuard (p. 335 Dubois) and also in Photius (Bibl. cod. 118 and 119).

That sounds rather plausible, but does the evidence stack up?  Reducing the claim to bullet-points, we end up with this:

  1.  One version – only – of the Acts of Phileas says a certain Pierius “conformed”.  We may reasonably assume this means “sacrificed.”
  2. This Pierius must be the famous one.
  3. Jerome tells us that the famous Pierius left Alexandria and spent the end of his life in Rome.

That’s a wee bit feeble for my liking.

Everything depends on whether we think that the “Pierius” must be the exegete, and whether the editor of the Acts had this information, or whether it was inserted for other reasons.  I find it hard to think of Jerome endorsing someone who sacrificed without mentioning it.  The bitter Origenist disputes, which started from 400 onwards, might put Pierius, as “Origen the Younger”, very much in the cross-hairs.  Jerome was an anti-Origenist.  The editor of the Bodmer version of the Acts of Phileas may have been also, depending on when this version was created.

I suspect that a single word in a single edition of a later hagiographical text is perhaps not enough evidence to show that Pierius did sacrifice.