Another Posthumous Copyright Question

GrannyGrump · 10-08-2015, 06:12 AM

For a book that is *edited* as well as published posthumously, must we be concerned about the "death date" of the *editor*? I have no idea how extensive the editing job was.

Although the author died before 1930, I know that the editor lived past the cut-off for the "70+life" rule --- is the book off-limits for upload to the MobileRead library?

Can anyone point me to a source of information to answer this question?

Thanks--
gG

pdurrant · 10-08-2015, 08:06 AM

Quote:

Originally Posted by GrannyGrump

For a book that is *edited* as well as published posthumously, must we be concerned about the "death date" of the *editor*? I have no idea how extensive the editing job was.

Although the author died before 1930, I know that the editor lived past the cut-off for the "70+life" rule --- is the book off-limits for upload to the MobileRead library?

Can anyone point me to a source of information to answer this question?

Editors do not usually have any share of the copyright of a work. (Copyright is for the creative part of the process. Editing is usually considered a more work of labour rather than creativity.

However, for posthumous publication the rule of life+70 may not apply - it depends on when the author died and when the work was published.

GrannyGrump · 10-08-2015, 10:42 PM

The author, Edith Nesbit, died in 1924. The book ("Five of Us and Madeline") was edited by her daughter, and the book was published in 1925.

Since it was the daughter (I only assume she might have been an heir to the estate) who did the editing, does this affect matters? Would this one still fall under Life+70?

Jellby · 10-09-2015, 03:04 AM

From what I understand, the editor would create a new copyright for what she created (introduction, notes, etc., if any), but as pdurrant says, not the material she edited, which has the copyright it would have, had it been simply posthumously published unedited.

Now, a posthumously published work may have a copyright different from a work published in the author's lifetime, but that is typically a shorter term, counting from the year it was first published. So, in your case, I'd assume the work to be public domain (in life+70 countries) since 1995 (1924+1+70), or 1996 at most.

pdurrant · 10-09-2015, 05:01 AM

What does the copyright page say? If it's listed as only copyright by E Nesbit, then it's in the public domain.

From the sound of it, her daughter did no changes to the actual story, as otherwise reviews wouldn't mention the inconsistencies and abrupt ending.

I'd say it's in the public domain in life+70 countries.

Greg Anos · 10-09-2015, 08:12 AM

But MR's server is now in the US. so US copyright laws should apply.

It may or may not be PD under US law...(There's a sticky somewhere with all the quirks of US copyright law...

pdurrant · 10-09-2015, 09:25 AM

"Our library is aimed to be strictly compliant with "Life+70" copyright law. Therefore, we will not accept book uploads unless they are either in the "Life+70" public domain, or covered by a CC (or similar) licence."

Fbone · 10-09-2015, 07:29 PM

A US resident can not upload or download this title without infringing copyright.

AnemicOak · 10-09-2015, 08:13 PM

I notice Delphi Classic includes it in their offerings. Do they do more than PD stuff?

10-08-2015, 06:12 AM	#1
GrannyGrump Obsessively Dedicated... Posts: 3,200 Karma: 34977896 Join Date: May 2011 Location: JAPAN (US expatriate) Device: Sony PRS-T2, ADE on PC	Another Posthumous Copyright Question For a book that is edited as well as published posthumously, must we be concerned about the "death date" of the editor? I have no idea how extensive the editing job was. Although the author died before 1930, I know that the editor lived past the cut-off for the "70+life" rule --- is the book off-limits for upload to the MobileRead library? Can anyone point me to a source of information to answer this question? Thanks-- gG

10-08-2015, 10:42 PM	#3
GrannyGrump Obsessively Dedicated... Posts: 3,200 Karma: 34977896 Join Date: May 2011 Location: JAPAN (US expatriate) Device: Sony PRS-T2, ADE on PC	The author, Edith Nesbit, died in 1924. The book ("Five of Us and Madeline") was edited by her daughter, and the book was published in 1925. Since it was the daughter (I only assume she might have been an heir to the estate) who did the editing, does this affect matters? Would this one still fall under Life+70? Last edited by GrannyGrump; 10-08-2015 at 10:44 PM.

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10-09-2015, 03:04 AM	#4
Jellby frumious Bandersnatch Posts: 7,516 Karma: 18512745 Join Date: Jan 2008 Location: Spaniard in Sweden Device: Cybook Orizon, Kobo Aura	From what I understand, the editor would create a new copyright for what she created (introduction, notes, etc., if any), but as pdurrant says, not the material she edited, which has the copyright it would have, had it been simply posthumously published unedited. Now, a posthumously published work may have a copyright different from a work published in the author's lifetime, but that is typically a shorter term, counting from the year it was first published. So, in your case, I'd assume the work to be public domain (in life+70 countries) since 1995 (1924+1+70), or 1996 at most.

10-09-2015, 05:01 AM	#5
pdurrant The Grand Mouse 高貴的老鼠 Posts: 71,503 Karma: 306214458 Join Date: Jul 2007 Location: Norfolk, England Device: Kindle Voyage	What does the copyright page say? If it's listed as only copyright by E Nesbit, then it's in the public domain. From the sound of it, her daughter did no changes to the actual story, as otherwise reviews wouldn't mention the inconsistencies and abrupt ending. I'd say it's in the public domain in life+70 countries.

10-09-2015, 08:12 AM	#6
Greg Anos Grand Sorcerer Posts: 11,247 Karma: 35000000 Join Date: Jan 2008 Device: Pocketbook	But MR's server is now in the US. so US copyright laws should apply. It may or may not be PD under US law...(There's a sticky somewhere with all the quirks of US copyright law...

10-09-2015, 09:25 AM	#7
pdurrant The Grand Mouse 高貴的老鼠 Posts: 71,503 Karma: 306214458 Join Date: Jul 2007 Location: Norfolk, England Device: Kindle Voyage	"Our library is aimed to be strictly compliant with "Life+70" copyright law. Therefore, we will not accept book uploads unless they are either in the "Life+70" public domain, or covered by a CC (or similar) licence."

10-09-2015, 07:29 PM	#8
Fbone Is that a sandwich? Posts: 8,189 Karma: 100500000 Join Date: Jun 2010 Device: Nook Glowlight Plus	A US resident can not upload or download this title without infringing copyright.

10-09-2015, 08:13 PM	#9
AnemicOak Bookaholic Posts: 14,391 Karma: 54969924 Join Date: Oct 2007 Location: Minnesota Device: iPad Mini 4, AuraHD, iPhone XR +	I notice Delphi Classic includes it in their offerings. Do they do more than PD stuff?