Re: Public Domain

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? 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.)

First, IANAL. You should check with the publisher of any work written in the last century to confirm copyright.

There are conditions under which if you show due dilligence in trying to find the copyright holder, some period of time after publication (I believe 75 years), you won't be held liable for infringement. Talk to a lawyer first.

US copyright term changed from 28 years, with one extension (for a total of 56 years), to life plus 50 years for authors, or the lesser of 75 years from publication or 100 years from creation for anonymous or corporate authors, in 1976. Doing the math backwards, anything published prior to 1920 should be public domain. Publications since then *might* be public domain if the original copyright was not renewed, if certification requirements were not met (applies only prior to 1976) or the work was expressly placed in the public domain.

All expressive works of original authorship produced (published or not) since 1976 are automatically granted copyright for the life + 50, 75, or 100 year terms described above.

Don't count on this though, and I'd welcome corrections from the list.

-- 
Karsten M. Self (kmself[_at_]ix.netcom.com)

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