IANAL: Public Domain Content in eBooks

anamardoll · 06-01-2011, 02:26 PM

Alright, I know that probably none of us are lawyers, but on the off chance:

Does anyone know what the rules are for publishing public domain content in ebooks?

Specifically, if you're writing a fairy tale reboot - and who isn't, amiright?

- and you wanted to include a full version of a public domain version of that fairy tale in the epilogue for various reasons, is that legal/kosher/allowed/okay/etc.?

Has anyone done this or known someone who did this?

Anke Wehner · 06-01-2011, 02:42 PM

Uh, yeah, public domain means it's free to use. That's how you get all those public domain ebooks for free at Project Gutenberg or this site.

I'd be careful with translations, though; if you use a 21st century retranslation of a Brothers Grimm fairy tale, while the tale itself is definitely public domain, the translation probably isn't. (I don't know 100% for certain, but I'd rather be safe than sorry.)

crich70 · 06-01-2011, 02:58 PM

I'd say Anke Wehner is probably right about that. The original tale would be PD but if it was translated, and the translation is fairly recent then the translation may well be under copyright.

cromag · 06-01-2011, 04:47 PM

Copyright laws vary widely. What's "public domain" in one country might not be in another country.

anamardoll · 06-01-2011, 04:48 PM

Quote:

Originally Posted by cromag

Copyright laws vary widely. What's "public domain" in one country might not be in another country.

This is true. In this case, I'm thinking the original Beauty and the Beast tale which was published in France in the 1700's. One would presume it is public domain, but it would be nice if there was a resource one could use to check. Does this resource exist?

Anke Wehner · 06-02-2011, 08:25 AM

With "in the 1700's", you're safe.

http://en.wikipedia.org/wiki/List_of...pyright_length might be helpful.

osnova · 06-02-2011, 01:12 PM

Just to confirm the posts above.

If you are confident it's PD, then you can do whatever you wish with it. Any derivative work of a PD work (such as a translation) is under a separate copyright belonging to the author of the derivative work.

Some rules of thumb (there are complications for unpublished, anonymously published, written for hire, works by governments, etc.):

If the work (text, image, etc.) was published in U.S. before 1923 (excluding 1923), it's public domain in the U.S. Even if it was published in U.S. in 1923-1964 (don't get tripped by U.S. reprints of works first published elsewhere), then it may still be in public domain (most books published at that time are); however, it is much harder to establish their PD status (it requires searching government records for copyright extension trying to prove the negative -- that the copyright registration was not renewed when it was supposed to).

If the work was published outside of U.S. and you are confident that the author, if known, must have died more than 70 years ago (or 50 years in some countries), then you can be confident it's PD.

If you would like to know more about PD, then I recommend the following book, http://www.amazon.com/dp/1413312055/

anamardoll · 06-02-2011, 02:25 PM

Much thanks to everyone in this thread -- I feel like I've learned a lot. Since the original work is in French, I'll have to use a translation, but it sounds like I have a lot more to go on now in terms of "may I redistribute that translation". Thank you!

Marseille · 06-03-2011, 12:23 AM

If you have a copyright notice at the front for your own work, you might give scope somewhere so no one thinks you're claiming copyright to the included the public domain work. This is perhaps extra-cautious, but that's how I roll. If the translation is under copyright, all the more important to note that it is used by permission (if indeed you have permission).

Quote:

Specifically, if you're writing a fairy tale reboot - and who isn't, amiright?

Word.

06-01-2011, 02:26 PM	#1
anamardoll Chasing Butterflies Posts: 3,132 Karma: 5074169 Join Date: Mar 2011 Location: American Southwest Device: Uses batteries.	IANAL: Public Domain Content in eBooks Alright, I know that probably none of us are lawyers, but on the off chance: Does anyone know what the rules are for publishing public domain content in ebooks? Specifically, if you're writing a fairy tale reboot - and who isn't, amiright? - and you wanted to include a full version of a public domain version of that fairy tale in the epilogue for various reasons, is that legal/kosher/allowed/okay/etc.? Has anyone done this or known someone who did this?

06-02-2011, 01:12 PM	#7
osnova Kindler of the Flame Posts: 582 Karma: 646016 Join Date: Oct 2009 Location: US of A Device: K DX,3,KT,KP,KF, KFHD; Nook C, PRS600, iPad, Xoom, N900, N810, Zaurus	Just to confirm the posts above. If you are confident it's PD, then you can do whatever you wish with it. Any derivative work of a PD work (such as a translation) is under a separate copyright belonging to the author of the derivative work. Some rules of thumb (there are complications for unpublished, anonymously published, written for hire, works by governments, etc.): If the work (text, image, etc.) was published in U.S. before 1923 (excluding 1923), it's public domain in the U.S. Even if it was published in U.S. in 1923-1964 (don't get tripped by U.S. reprints of works first published elsewhere), then it may still be in public domain (most books published at that time are); however, it is much harder to establish their PD status (it requires searching government records for copyright extension trying to prove the negative -- that the copyright registration was not renewed when it was supposed to). If the work was published outside of U.S. and you are confident that the author, if known, must have died more than 70 years ago (or 50 years in some countries), then you can be confident it's PD. If you would like to know more about PD, then I recommend the following book, http://www.amazon.com/dp/1413312055/ Last edited by osnova; 06-02-2011 at 01:16 PM.

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06-01-2011, 02:42 PM	#2
Anke Wehner Addict Posts: 249 Karma: 177956 Join Date: Jan 2011 Location: Germany Device: PRS-650	Uh, yeah, public domain means it's free to use. That's how you get all those public domain ebooks for free at Project Gutenberg or this site. I'd be careful with translations, though; if you use a 21st century retranslation of a Brothers Grimm fairy tale, while the tale itself is definitely public domain, the translation probably isn't. (I don't know 100% for certain, but I'd rather be safe than sorry.)

06-01-2011, 02:58 PM	#3
crich70 Grand Sorcerer Posts: 11,310 Karma: 43993832 Join Date: Feb 2010 Location: Monroe Wisconsin Device: K3, Kindle Paperwhite, Calibre, and Mobipocket for Pc (netbook)	I'd say Anke Wehner is probably right about that. The original tale would be PD but if it was translated, and the translation is fairly recent then the translation may well be under copyright.

06-01-2011, 04:47 PM	#4
cromag Surfin the alpha waves ~~ Posts: 26,028 Karma: 459735575 Join Date: Dec 2010 Location: New Jersey Device: Jetbook Lite & Mini, Nook STR, Kobo, Hanvon N516, Kindle 2, Androids	Copyright laws vary widely. What's "public domain" in one country might not be in another country.

06-02-2011, 08:25 AM	#6
Anke Wehner Addict Posts: 249 Karma: 177956 Join Date: Jan 2011 Location: Germany Device: PRS-650	With "in the 1700's", you're safe. http://en.wikipedia.org/wiki/List_of...pyright_length might be helpful.

06-02-2011, 02:25 PM	#8
anamardoll Chasing Butterflies Posts: 3,132 Karma: 5074169 Join Date: Mar 2011 Location: American Southwest Device: Uses batteries.	Much thanks to everyone in this thread -- I feel like I've learned a lot. Since the original work is in French, I'll have to use a translation, but it sounds like I have a lot more to go on now in terms of "may I redistribute that translation". Thank you!

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