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# Copyright rules / Bardon books 'still available'

#### Message 00450 of 3835

- To: BardonPraxis@yahoogroups.com
- Subject: Copyright rules / Bardon books 'still available'
- From: "sga_email <sga_email@...>" <sga_email@...>
- Date: Sat, 15 Feb 2003 00:54:59 -0000
- User-agent: eGroups-EW/0.82

    Everyone,

    Here are some copyright rules from the Gutenberg project webpage.
    It looks as though we have to wait a few more years before Bardons
    material becomes public domain.

    In saying that though it still should not stop anyone who is in need
    of the material from obtaining it simply because they cannot afford
    it or it is not available to them.

    So instead of 'looking' for a copy simply ask and I am sure you will
    find someone obliging to forward you a copy.

    Rawn, you might want to put a small note in the files section about
    this, if new people join the list and do not know where to obtain the
    material this would help. Although not being a lawyer I don't know
    whether that would be an infringement also.

    Anyway, as I said people only have to ask and I am sure, positive,
    damn well 150% certain! that someone will be forthcoming with the
    material....;)

    Kind Regards,

    Scott.

    United States Public Domain and Copyright Rules

    1. Works first published before January 1, 1923 with proper copyright
    notice entered the public domain no later than 75 years from the date
    copyright was first secured. Hence, all works whose copyrights were
    secured before 1923 are now in the public domain.

    (This is the rule Project Gutenberg uses most often)

    Works published from 1923-1977 retain copyright for 95 years. No such
    works will enter the public domain until 2019.

    2. Works first created on or after January 1, 1978 enter the public
    domain 70 years after the death of the author if the author is a
    natural person.

    (Nothing will enter the public domain under this rule until at least
    January 1, 2049.)

    3. Works first created on or after January 1, 1978 which are created
    by a corporate author enter the public domain 95 years after
    publication or 120 years after creation whichever occurs first.

    (Nothing will enter the public domain under this rule until at least
    January 1, 2074.)

    4. Works created before January 1, 1978 but not published before that
    date are copyrighted under rules 2 and 3 above, except that in no
    case will the copyright on a work not published prior to January 1,
    1978 expire before December 31, 2002. If the work is published before
    December 31, 2002, its copyright will not expire before December 31,
    2047.

    (This rule copyrights a lot of manuscripts that we would otherwise
    think of as public domain because of their age.)

    5. If a substantial number of copies were printed and distributed in
    the U.S. prior to March 1, 1989 without a copyright notice, and the
    work is of entirely American authorship, or was first published in
    the United States, the work is in the public domain in the U.S.

    6. (This rule is complicated, and is seldom applied). Works published
    before 1964 needed to have their copyrights renewed in their 28th
    year, or they'd enter into the public domain. Some books originally
    published outside of the US by non-Americans are exempt from this
    requirement, under GATT. Works from before 1964 were automatically
    renewed if ALL of these apply:

    At least one author was a citizen or resident of a foreign country
    (outside the US) that's a party to the applicable copyright
    agreements. (Almost all countries are parties to these agreements.)
    The work was still under copyright in at least one author's "home
    country" at the time the GATT copyright agreement went into effect
    for that country (January 1, 1996 for most countries).
    The work was first published abroad, and not published in the United
    States until at least 30 days after its first publication abroad.
    If you can prove that one of the above does not apply, AND if you can
    prove that copyright was not renewed, then the work is in the public
    domain.

    To prove an item was not renewed, you need to do an extensive search
    of renewals in Library of Congress records (or you could get a letter
    from the author or publisher attesting that there was no renewal).

    Please read the document about copyright renewal online at:
    http://onlinebooks.library.upenn.edu/renewals.html before attempting
    to prove public domain status of a work published between 1923-1963.
    We have a separate "Rule 6 HOW-TO" for working under "Rule 6".

    Caveat: Each edition of a work may have its own period of copyright
    protection (this depends on whether the new edition
    involves "authorship" or simply corrects punctuation). Every
    translation has independent copyright protection. A new edition does
    not extend the protection of the original edition.

    Public Domain and Copyright Rules for the United Kingdom and many
    other countries.
    The general rule is life of the author plus 70 years (previously life
    plus 50 years, but globalization of copyright laws and pressure from
    content owners has changed this in most countries). No other major
    country has required copyright notice, and placed works without
    notice in the public domain. Rules on corporate authors differ.

    Whose law applies?
    When we distribute in the United States, U.S. law applies. When we
    distribute to other countries, their law applies. That is why Peter
    Pan is marked for US distribution only. It is public domain in the
    U.S. but not in the U.K.

    What changes have taken place in the term of copyright protection in
    the United States?
    Under the 1909 Copyright Act, the original term lasted 28 years (not
    26). It was renewable for an extra 28 years, for a total of 56 years.
    Until 1992, the work would enter the public domain if renewal was not
    filed in a timely manner. However, even with diligent research, it is
    very difficult to determine with assurance that renewal was not
    filed.
    In the mid 1950's Congress started working on a major revision of the
    copyright act, but by 1960 it was clear that this would not be a
    short process. By 1962, everything published before 1906 was in the
    public domain. It was clear that the new act would grant existing
    works a total term of 75 years. To prevent these works from losing
    out on the 75 year extension while Congress worked out all the other
    details of the new act, Congress started passing extension acts in
    1962. Such extensions prevented copyright expirations before the
    passage of the 1976 Copyright Act, with the result that all
    copyrights in existence in 1962 were extended to at least 1976 when
    the 75-year term kicked in.

    Effective in 1998, after works first published in 1922 had passed
    into the public domain, the copyright term was extended for all works
    as to which copyright protection had not yet expired. For works
    published in 1923, and thereafter (provided they were renewed, or
    were exempt from renewal requirements). Thus, the effective term will
    be 95 years.

    The rules on public speeches, musical performances, and other works
    not originally fixed in a tangible medium of expression are
    confusing, and require a determination based on the facts of the
    individual instance.

    Rule of Thumb: Published before 1923 or published at least 75 years
    ago in the U.S. OR published 50 years after the author's death in
    some countries, 70 years after death in others.

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