Re: Public Domain

On Fri, 25 Sep 1998, Joli Sandoz <sandozj[_at_]evergreen.edu> wrote:
>
> I'm putting together an anthology, and want to use material published
> in the U.S. in both book and magazine form before 1923. Can I assume
> this material is in the public domain; that is, is there any way a
> book or magazine article first published more than 75 years ago could
> not be in the public domain? If so, how can I check the status of
> the piece?

I do not know of any case where a book or magazine article published before 1923 could not be in the public domain. So, it is relatively safe to assume that any book or magazine article published before 1923 is in the public domain. This applies only to the U.S. I have no knowledge about other countries.

> And finally, is the public domain status of this type of material
> affected when it is reprinted? (I want to use an excerpt from a
> book published in 1895 which has been reprinted twice since 1985.)

No. However, be prepared to answer any objection from the publisher, copier, printer, or anyone who has been outraged by your copy of the public domain material in the new book that is printed after 1922. Not everyone understands the concept of authorship which is the cornerstone of copyright.

Before you copy the public domain material in a book that is printed after 1922, you should check that there is no change in the public domain material. Very few change some words, leave out some paragraphs, or even add some extraneous words (to detect copy - this is very common in maps where nonexistent streets are added to detect copy). Even though I personally consider these practices very unethical, they are perfectly legal.

Lastly, if you intend to sell your books to anyone outside of the U.S., be sure that you are familiar with the copyright and/or miscellaneous laws in the countries before you sell books to them. You may or may not be held for copyright infringement in these countries even though the material that you copy is in the public domain in the U.S.

I am pretty sure that I am right on everything. Nevertheless, none of the above is legal advice. That is, do not copy this post, show it to judge, and say, "He told me so!"

Joseph Pietro Riolo
<riolo[_at_]voicenet.com> Received on Sun Sep 27 1998 - 18:03:05 GMT