Can't find copyright owner of a book...?

[Wayne195]

What is the name of your state (only U.S. law)? Pennsylvania

Hello,

I found an old book that I would like to narrate and publish as an audiobook, but I can't find the copyright owner. Because of the age of the book I'm uncertain as to whether it is still under the copyright. Needless to say, I don't have time nor intellect to read endless pages of copyright laws. I think I've found that a copyright of that age would have needed to be renewed in order for it to be valid today.

The book is "A Lantern in the Window" by Aileen Fisher. Copyrighted 1957 by Aileen Fisher. Published by Thomas Nelson & Sons, New York.

Input?

 

[quincy]

What is the name of your state (only U.S. law)? Pennsylvania

Hello,

I found an old book that I would like to narrate and publish as an audiobook, but I can't find the copyright owner. Because of the age of the book I'm uncertain as to whether it is still under the copyright. Needless to say, I don't have time nor intellect to read endless pages of copyright laws. I think I've found that a copyright of that age would have needed to be renewed in order for it to be valid today.

The book is "A Lantern in the Window" by Aileen Fisher. Copyrighted 1957 by Aileen Fisher. Published by Thomas Nelson & Sons, New York.

Input?

First, you are smart to be searching for the copyright holder of a work you wish to use prior to using it. The search for a copyright holder is not always easy but it is an important step in avoiding any infringement lawsuit.

Because you say you do not have the time or intellect to read pages of copyright laws, it is probably best if you have someone do the search for you. You can either hire an independent copyright search firm or the Copyright Office will do the search for you. You can inquire about the costs and decide what to do from there.

Here are some links to information on how to research the copyright ownership of a work you wish to use, starting with Stanford University's Copyright and Fair Use "Copyright Research" and followed by the US Copyright Office's "Search Records" link and a link to Harper Collins website (Harper Collins acquired Thomas Nelson in 2012, Thomas Nelson being the original publisher of the Aileen Fisher work you are interested in using).

http://fairuse.stanford.edu/overview/copyright-research/

http://copyright.gov/records/index.html

http://www.harpercollins.com

You are right that books published in the US between 1923 and 1963 needed to be timely renewed to prevent them from falling into the public domain. Many of these books did have their copyrights renewed. It is important to note that the copyrights in works published in other countries may still be protected under the laws of those countries. Some works in the public domain have also been updated/modified/adapted and these new works can be protected under copyright laws even when the underlying work is not.

Good luck with your search.

 

[FlyingRon]

Transforming into an audio book is NOT going to be fair use, you can forget about that.

Aileen only passed in 2002. The copyright was renewed in '85. The book is going to be under copyright for some time to come.

Whether Ms. Fisher's estate retained the copyright or whether Harper has it would depend on her agreements with them. For a book published in the late 50's I would suspect that Harper owns ALL the rights (including audio books).

 

[FlyingRon]

Transforming into an audio book is NOT going to be fair use, you can forget about that.

Aileen only passed in 2002. The book is going to be under copyright for some time to come.

Whether Ms. Fisher's estate retains the copyright or whether Harper has it would depend on her agreements with the original publisher (by the way there seems to be a different publisher for a second edition). However given the dates on both publications, I suspect the publishers got ALL rights (subject to certain royalty payments).

 

[Wayne195]

Transforming into an audio book is NOT going to be fair use, you can forget about that.

Aileen only passed in 2002. The copyright was renewed in '85. The book is going to be under copyright for some time to come.

Whether Ms. Fisher's estate retained the copyright or whether Harper has it would depend on her agreements with them. For a book published in the late 50's I would suspect that Harper owns ALL the rights (including audio books).

Where did you find that it's been renewed in '85? Got a link?

I have already had an email reply from Harper Collins stating that they do not control rights to this book. They stated that they did not keep the rights to the majority of Thomas Nelson titles that were published prior to 1969 which is when Sam Moore purchased the company from the Thompson organization. They believed that the rights ended up back with the author. I will try to contact her estate, but it looks like a daunting prospect.

 

[quincy]

Where did you find that it's been renewed in '85? Got a link?

I have already had an email reply from Harper Collins stating that they do not control rights to this book. They stated that they did not keep the rights to the majority of Thomas Nelson titles that were published prior to 1969 which is when Sam Moore purchased the company from the Thompson organization. They believed that the rights ended up back with the author. I will try to contact her estate, but it looks like a daunting prospect.

I did not find that the particular title you are interested in had its copyright renewed by Harper Collins and I do not see that a copyright has been registered or renewed with the US Copyright Office. But the estate of Aileen Fisher could potentially hold rights to "A Lantern in the Window."

If you have a link to the information showing a 1985 copyright renewal of the book, FlyingRon, I would be interested in it, as well.

Wayne195, my advice to you to think about a search firm still stands.

 

[FlyingRon]

It was in the links that Quincy posted you. Ms. Fisher herself renewed the copyright in 1985. That doesn't mean the rights still weren't assigned to a publisher.

 

[Wayne195]

It was in the links that Quincy posted you. Ms. Fisher herself renewed the copyright in 1985. That doesn't mean the rights still weren't assigned to a publisher.

You actually found the book in the government copyright records? I thought I had searched that site thoroughly... got a link to the page you found that info pls?

 

[quincy]

You actually found the book in the government copyright records? I thought I had searched that site thoroughly... got a link to the page you found that info pls?

Yes, FlyingRon actually found the book registered with the Copyright Office, and I have NO idea what I had been searching for that I did not find it. Obviously not the right thing.

The search shows that Aileen Fisher renewed the registration on the book in June of 1985. It shows as a renewal registration and that Aileen Fisher is the copyright holder. While it is possible that Fisher or her estate sold rights to a publisher, it appears you might want to start your search to obtain copyright permission with her estate.

Use the Copyright Office records search link. Basic Search, 1978 to Present. Enter the title of the book (Lantern in the Window) in the search bar. There are 5 entries, with Aileen Fisher's number 4. Click on the full title for registration information.

 

[Wayne195]

^Thanks, I found it!

Consequently she renewed the copyright in the 28th year after the initial copyright, which correlates with the pre1978 copyright laws which expired after the 28th year unless renewed.

Well I've got a job on my hands now to find the right contacts and all.

Thanks for your input guys.

 

[quincy]

^Thanks, I found it!

Consequently she renewed the copyright in the 28th year after the initial copyright, which correlates with the pre1978 copyright laws which expired after the 28th year unless renewed.

Well I've got a job on my hands now to find the right contacts and all.

Thanks for your input guys.

Yup, finding the current copyright holder is your next task. I hope you are successful not only in this but also in acquiring the rights to the book that you want. Good luck.

We appreciate the thanks.