Thursday, April 16, 2009

Public domain book copyright question?

I am interested in publishing a book who's original copyright was in 1890, and had a forward added to it in 1983 that is copyrighted. My question is this - can I publish the original work, since the copyright has expired, with a new forward that I write? Or does the addition of the forward in 1983 renew the copyright for the whole work?


The mere addition of a forward in 1983 does *not* renew the copyright for the whole work.

Does the copyright notice state that only the forward is copyrighted in the 1983 version? Something like this, for example: Forward copyright © 1983 by Publishing Company. If so, you're all set.

And if not? Even if the notice on the copyright page doesn't say that only the forward is copyrighted, it still *may* be the only part of the 1983 edition that is protected. The original 1890 text is in the public domain (as you know). But what if the 1983 edition includes more new material in addition to the forward? What if edits were made? This is where it's hard to answer without seeing the book.

Maybe this will help ...

Not all edits to a public domain work are copyrightable themselves. Making minor changes or adding little of substance to a preexisting work won't qualify the work as a new version for copyright purposes. Any new material must be original and copyrightable in itself -- things like forwards, notes, illustrations, and introductions will be protected. Merely adding or deleting punctuation, making spelling changes, or correcting typos doesn't cut it.

Once you've determined you've got the original 1890 text (whether it's reproduced in that 1983 edition or elsewhere), you may certainly publish it with a new forward. But note that only your forward will be protected by copyright.

Hope that helps, and good luck!

in general your question is right, that part of the book that was original in 1890 is public domain now. It was also PD for the reprinting you found. However the newer edition could also be edited or have changed from the original. That being the case, I would search for an original 1890 version to copy and not work from the reprint.

If it doesn't say on the page where copyright is usually found... and it should say what the copyright is, on the page including publisher, etc.-- (does it say there that the '83 copyright is "only for the forward"? somehow that seems unlikely to me) --you may want to do a bit of research on your computer to find out some more about this before you proceed.

Wikipedia has quite a long entry about copyright. It can get confusing (at least if you're [I'm] in a hurry to answer a question here), but if you take your time with it, and even make notes, perhaps you'll learn what you need to know.

http://www.wikipedia.org

My other suggestion is that you bring this book to the library and study up on it there, first asking the reference librarian what other books to look in. Show the librarian this one (unless it's too fragile, then copy out all info on relevant pages) and he or she may even already know the answer.

Someone here may, too. I find it a tough question since I can't see the book, etc.

It does seem to me that when E.B. White added his bit onto Strunk's "Elements of Style," which, wouldn't you know it, I can't find right now, the copyright was extended, and I think White tinkered with that book twice, so the copyright grew twice. Which prob'ly doesn't help on this question.

Wish I could be hanging over your shoulder to figure this out!

Luck--

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