On Sun, 23 Jan 2005 01:15:10 -0600, Michael Etchison
<
etchison@mleconsulting.com> wrote:
> So how does one go about finding whether a
particular title is or is not in
> PD (or, obversely, whether its copyright is still in
effect or validly
> renewed)?
>
> Michael E. Etchison
>
>
Let's see. There's a couple ways you can do this:
One is to spend $150 or so an hour and hire a somebody to do
a search for you, thus determining, over time, whether or not
the work has been renewed. The LOC also offers this service.
You're typically on your own, however, if you act on bad
data.
Or, you can recognize that renewal requirements exist for
anything published prior to '64, and visit the following
places: http://onlinebooks.library.upenn.edu/cce/
(has facsimile reprints of all book renewals from 1923-1977.
)
http://www.gutenberg.org/dirs/1/1/8/0/11800/11800-8.txt
(a very big file!)
(has OCR'd and edited text of book renewals from same
period.) http://www.loc.gov
(has ALL renewals after 1977.)
Keep in mind, particularly if you're using the OCR'd text
from PG, there are some errors there, the work is not yet
final (but it's a damned useful file), so double-checking the
page scans is important.
In the same vein, post-Eldred and SCO, courts have really
tightened up on registration requirements before allowing
claims to go through. So, if it's a renewed copyright with
author as claimant, and the author died before filing his
claim (Davis Grubb, Lionel Olay, etc.) the work is public
domain, or whatever, but you can't be sued. Best example of
this is David Goodis, whose works were renewed twice after
his death... once by the bank representing the estate (did it
properly), and once by, umm, David Goodis, author. (A Grubb
title is similarly configured). I've heard all the Weird
Tales are PD for equivalent,
ineligible-renewer-downfield-type reasons, but you'd have to
check on that yourself (you'll have to go in person to look
up magazine renewals, likely to a very big library or the LOC
itself; yes, they will confiscate your nail clippers). Even
the slightest mis-spelling can blow a registration, just make
sure you check the scanned copyright entries.
2, Know your publisher. Certain companies (Penguin,
Kensington, Dover) are earnest little beavers, who observe
the letter of the law in their copyright notices. If they say
it's renewed; it's renewed. Corollary to this, certain other
publishers (Grove-Atlantic, Caroll & Graf, Random in the
Conde Nast days), had a nasty habit of posting false notices,
claiming renewal when no such renewal occured (Fred Brown,
Dash Hammett, etc.) Most other firms (Harcourt, HarperCollins
and S&S) tend to err on the side of caution.
Additionally, you'll sometimes find certain
publishers/estates to be extremely zealous in the
*protection* of public domain cash cows
(ahem, Wodehouse, ahem), and the vast majority of copyright
cases never get to trial because said agents, publishers,
estates are into hardcore scaring to get the works
pulled.
Should you run into one of these, remember the following
numbers:
1, 3 year statute-of-limitations on publication, after which
no action can be taken (some titles are so far past that
limit we're seriously looking to apply real estate law to
intellectual property.) 2, $2,500 fine, each instance, for
posting a false notice on a copyrighted work ("edition"
copyrights are OK but not especially enforcable
post-Penguin... why anyone screwed this up I'll never know).
3, $250,000 fine, each instance, for making a false copyright
claim in the courts. (And a defamation counter-suit, of
course.) 4, 20,000 young lawyers (approximate annual
production), who worship Larry Lessig as a god for his work
in Eldred, and would like to emulate him, pro bono, but maybe
do a better job in court (hopefully a lot better).
One other part of copyright that's been won for the good guys
centers on the "Unclean Hands Doctrine," and depending upon
the outcome in the latest case (Kahle vs. Ashcroft), you'll
probably see something filed there, regarding false notices
above. (Random House has kind of gotten their act together on
this one... but the fraud clock starts from the minute PG's
text, above, goes final).
Obviously, most of the court-related stuff gets people
averse, but remember to check those three places above before
renewals, watch out for certain extremely zealous
estates/supposed rights-holders, if you're wrong, really
wrong, apologize profusely and pull the work immediately. But
don't worry, even if someone else takes the risk you decline,
you can still badmouth them ad infinitum.
> ________________________________
-- David Moynihan Disruptive Publishing http://www.blackmask.com http://www.olympiapress.com http://www.silkpagoda.com (forthcoming)
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