Is this book out of copyright? (how to find out)

[GatorDeb]

A book in particular and books in general. I'm looking for The Diary Of A Young Girl by Anne Frank and was wondering if it was PD (and if so, where to get it ).

How do you find out which books are PD and which become PD each month/year?

Thanks!

[Nate the great]

The original and translations are almost certainly still in copyright. You can search for the US copyright here (you want the TX records):
http://cocatalog.loc.gov/cgi-bin/Pwe...33132&PID=4257

I wrote a short guide to US copyright records. I'll go find it and post it here.

[Nate the great]

This is my brief working guide, not an explanation of the whys and wherefores.


1964 Everything published after this year is under copyright until the end of time. It might have an open license, but it's still copyrighted.

1950 All copyrights before 1964 must be renewed in the 28th year, or the copyright lapses. The online records go back to to 1978, so all renewal notices of copyrights originally dated after 1950 can be found online.
http://cocatalog.loc.gov/cgi-bin/Pwe...33132&PID=4257

before 1950 The copyright must be renewed in the 28th year, or it lapses. Unfortunately, the renewal notice is not online, it is on microfiche and has to be checked in person one sheet at a time. Plus, copies of the microfiche are in a limited number of locations in the US.

before 1923 Not In Copyright


If this seems unnecessarily complicated, good. I got all the details.

[HarryT]

Originally Posted by Nate the great

This is my brief working guide, not an explanation of the whys and wherefores.


1964 Everything published after this year is under copyright until the end of time. It might have an open license, but it's still copyrighted.

This is not entirely true, Nate. Unless the copyright term is extended again (which Mr. Disney and co would of course very much like), new material will start entering the public domain once again in 2019 in the US. In addition, the author of any work can voluntarily place it into the public domain at any time.

The US currently has a "Life + 70" copyright law, like most countries in the world, which applies from 1978 onwards. From 2047, US copyright will start behaving like that of rest of the world, and works will enter the public domain at the start of the year following the 70th anniversary of the author's death.

There are many books which are in the public domain in virtually every country in the world except the US (those works published after 1923 by authors who died before 1937), and a rather smaller number which are in the public domain in the US but not elsewhere (pre-1923 works works by authors who died after 1937).

In the rest of the world, books continue to enter the public domain year by year (eg in a few days we, in the UK, will get all the books by authors who died during 1937, a year after than we get all the books by authors who died during 1938, and so on); unfortunately this natural process of copyright expiration is currently "frozen" in the US.

[HarryT]

Originally Posted by GatorDeb

A book in particular and books in general. I'm looking for The Diary Of A Young Girl by Anne Frank and was wondering if it was PD (and if so, where to get it ).

No. Anne Frank died in 1945; her work will therefore enter the public domain at the start of the year following the 70th anniversary of her death, ie 1st Jan 2016. However, that refers to the German original. Any translation has its own copyright, and will not enter the PD until after the 70th anniversary of the death of the translator.

All this applies to "life + 70" countries, of course; not the US which has its own peculiar copyright laws.

[Nate the great]

No, I am correct. the correct year is 1964, not 1978.

Public Law 102-307, enacted on June 26, 1992, amended the 1976 Copyright Act to provide for automatic renewal of the term of copyrights secured between January 1, 1964, and December 31, 1977. Although the renewal term is automatically provided, the Copyright Office does not issue a renewal certificate for these works unless a renewal application and fee are received and registered in the Copyright Office.

from:
http://www.copyright.gov/circs/circ1.html#hlc


It's too early for me to form a coherent argument, but I like the 28 year rule. The current system sucks.

[HarryT]

Hi Nate,

I was referring to this:

http://en.wikipedia.org/wiki/Copyrig..._Extension_Act

[Nate the great]

Okay, now I understand. That's not really relevant to the discussion at hand.

He wanted to know how to tell if a work is under copyright today, not how long that work will be under copyright. My guide answers his question in a simple straightforward manner.

Admittedly, I exaggerated the length of time, but the current terms might as well be forever.

[HarryT]

Originally Posted by Nate the great

Admittedly, I exaggerated the length of time, but the current terms might as well be forever.

They certainly will be if Mr. Disney has his way .

Fortunately, the British government has recently rejected a proposal to extend the term of copyright protection in the UK.

[recycledelectron]

Originally Posted by HarryT

This is not entirely true, Nate. Unless the copyright term is extended again (which Mr. Disney and co would of course very much like), new material will start entering the public domain once again in 2019 in the US. In addition, the author of any work can voluntarily place it into the public domain at any time.

Harry, do you really think that there's a chance in he!! that Congress will let those copyrights expire?

If so, it's time to get you a padded room, as every sane person knows that Congress will continue retroactively extending copyrights.

Andy

[HarryT]

Originally Posted by recycledelectron

Harry, do you really think that there's a chance in he!! that Congress will let those copyrights expire?

If so, it's time to get you a padded room, as every sane person knows that Congress will continue retroactively extending copyrights.

Andy

Why? The UK government recently decided against an extension of copyright terms; why should the US government not do likewise?

[Greg Anos]

This begs the question, are there legal reprecussions for sending an item from where there is a copyright to where there is not a copyright. For example, if one sent a Dorthy L. Sayer mystery (which is in copyright in the US) to Austrailia (where it is not, for inclusion in P.G. Austrailia) would that be a copyright violation? (Paper copy, of couse, as the act of scanning would be a copyright violation in the US).

[Patricia]

The first of the Dorothy L Sayers mysteries is on PG Australia. And we have it here too.

[HarryT]

Originally Posted by Ralph Sir Edward

This begs the question, are there legal reprecussions for sending an item from where there is a copyright to where there is not a copyright.

Assuming that it's out in copyright in your country, but in copyright in the recipient's country, then you would not be breaking any law in your own country by distributing the material, but the recipient would be breaking the law in their country by accepting the material.

Just like PG Australia are not breaking any law in having material on their server which is out of copyright in Australia, but in copyright in the US, but if you live in the US, you are breaking the law if you download from PG Australia a book which is within copyright in the US.

[tompe]

Originally Posted by HarryT

Assuming that it's out in copyright in your country, but in copyright in the recipient's country, then you would not be breaking any law in your own country by distributing the material, but the recipient would be breaking the law in their country by accepting the material.

So you say that does not depend on which country you are talking about? Strange, I do not think I believe you until further proof is available.