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Copyright - old book

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DavidFritsche

Junior Member
I have been searching for the copyrights for an old book. The author is dead, the last publisher no loinger exists, the previous publisher sent me a letter that they have no interest in book and do not know where the copyrights reside.

Can I simply publish the book, without changing anything, giving credit to the original author and claim the right to print it with a new copyright? It is not old enough to be in the public domain but there is no chain of copyright from the original publisher to the last publisher any longer. The original publisher will not renew the copyright. Does this give me an opportunity to slip in as publisher?What is the name of your state (only U.S. law)?
 


tranquility

Senior Member
No, you don't own the copyright nor is the book in the public domain.

The question is if someone will try to claim copyright later. Since it is a strict liability crime/tort, it wouldn't matter you tried to find the owner of the work. If no one challenges you, you win. If someone challenges you, you lose. (If they can prove they have the rights.)

Your call.
 

FlyingRon

Senior Member
Just because the author is dead and/or the publisher doesn't exist doesn't mean that copyright doesn't exist. When was the book first published? When did the author die? Those are (some of) the things that are relevant to see if the book has passed into the public domain.

You can't assert copyright on public domain work. It's not finder's keepers.
There's no such thing as "chain of copyright." Each publisher needs permission either directly (or via assignment of that permission, if provided for in a prior agreement).

Copyrights haven't needed to be renewed since 1963.

Someone most likely (an heir of the author, or whatever) owns the rights.
 

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