COPYRIGHT-L Archives

Archiver > COPYRIGHT > 2002-08 > 1029911580


From: "Mike Goad" <>
Subject: RE: [COPYRIGHT] Defunct publishers?
Date: Wed, 21 Aug 2002 01:33:06 -0500
In-Reply-To: <3D632F40.FBEA3442@sampubco.com>


Hi all,

What David is referring to is that for a long time, a proper copyright
notice was required for copyright protection and a work that was
published without proper copyright notice automatically went into the
public domain. I have already published a 1958 book on-line that had
been originally published without any copyright notice.
http://www.rootsweb.com/~mikegoad/html/cpg0000.htm

Created from 1923 to 1963
Works published with a proper copyright notice between 1923 and 1963
had an initial term of 28 years and could be renewed for an added 47
years (28 + 47 = 75 years), but this later had another 20 years added to
it (75 + 20 = 95). Any works that were not renewed passed into the
public domain. Unpublished works created during this time are covered by
today's copyright law. Works published without a proper copyright notice
automatically entered the public domain.
Created from 1964 to 1977
Works published with a proper copyright notice between 1964 and 1977
initially came under the 1909 copyright act, which gave them an initial
28 year term with subsequent renewal terms. Subsequent copyright acts
were enacted prior to the expiration of the initial term for works
published during this time period. These acts had the net effects of
removing the requirement for renewal and extending the term of the
copyrights another 67 years for a total of 95 years. Unpublished works
created during this time are covered by today's copyright law. Works
published without a proper copyright notice automatically entered the
public domain.
http://stellar-one.com/copyrightcopysense/copyright_duration.htm

Mike

-----Original Message-----
From: W. David Samuelsen [mailto:]
Sent: Wednesday, August 21, 2002 1:12 AM
To:
Subject: Re: [COPYRIGHT] Defunct publishers?

Come to think of this, many of them don't even have the proper
notices that I can recall. I will check them closely.

David

Mike Goad wrote:
>
> The real question here, to me, is how many authors or publishers of
> historical or biographical works had any real incentive to renew the
> copyright after the initial 28 years had passed?
>
> In my view, the answer is -- not very many.
>
> I think the reality is that most of these works are already in the
> public domain.
>
> If I had a need to publish a significant amount of material from one
of
> these, beyond the bounds of fair use, I would probably make some
effort
> to try to determine the status of the renewal and then I would publish
> it with a disclaimer that the copyright had lapsed to the best of my
> knowledge and that the material would be removed upon proof of
renewal.
>
> Created from 1923 to 1963
> Works published with a proper copyright notice between 1923 and 1963
> had an initial term of 28 years and could be renewed for an added 47
> years (28 + 47 = 75 years), but this later had another 20 years added
to
> it (75 + 20 = 95). Any works that were not renewed passed into the
> public domain.
> http://stellar-one.com/copyrightcopysense/copyright_duration.htm
>
> Mike
>
> -----Original Message-----
> From: W. David Samuelsen [mailto:]
> Sent: Tuesday, August 20, 2002 12:41 PM
> To:
> Subject: [COPYRIGHT] Defunct publishers?
>
> Mike Goad, please
>
> I have a heck of a time.
>
> Seems no one brought up this one in last 3 years so I am asking this
> now.
>
> What do we do with those defunct publishers who held copyrights
> to published books (particularly historical and biographical) which
> were very plentiful between 1900 and 1941.
>
> 3 companies in question are apparent defunct. They published a
> lot before 1923 and some after 1923 but before 1935 the most
> late I could find on two of three.
>
> The companies in question:
> S. J. Clarke Publishing of Chicago, IL
> Chapman Publishling of Chicago, IL
> Capitol Publishing of Portland, OR (the most late I ever found was
> 1944)
>
> I already searched Chicago, Portland and even LOC to see any
> were renewed. The only ones I ever saw were "enhanced" copies, that
> is "every name" indexes added by Genealogical Publishing Company.
> It is not their books I am talking about. It's the original and
> old books.
>
> Can we transcribe those books even if it become clear these
> companies are defunct and not in business for some time (it's 50+
> years already!)
>
> W. David Samuelsen
>
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==== COPYRIGHT Mailing List ====
To subscribe to LATIN-WORDS-L, send subscribe with no other text to
(Mail Mode) or
(Digest Mode) - LATIN-WORDS-L is a
mailing list for anyone with a genealogical or historical interest in
deciphering and interpreting written documents in Latin from earliest to
most recent 20th Century times, and discussing old Latin words, phrases,
names, abbreviations and antique jargon.

==============================
To join Ancestry.com and access our 1.2 billion online genealogy
records, go to:
http://www.ancestry.com/rd/redir.asp?targetid=571&sourceid=1237


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