Copyrights & Trademarks

[NormanCR]

What is the name of your state? Michigan.
(I am a non US resident living in South Africa, but the book is published in Grand Rapids, Michigan).

I have a hard copy of "Susies Babies", a children's book by E Margaret Clarkson, published in 1960. I wish to make a voice recording of this book for use in our church's Family Bible Adventure. The book is copyright. Is this permissible?

 

[quincy]

What is the name of your state? Michigan.
(I am a non US resident living in South Africa, but the book is published in Grand Rapids, Michigan).

I have a hard copy of "Susies Babies", a children's book by E Margaret Clarkson, published in 1960. I wish to make a voice recording of this book for use in our church's Family Bible Adventure. The book is copyright. Is this permissible?

You will need to check the status of the copyright of "Susie's Babies."

I believe the copyright in the work was renewed which means under US copyright laws that the book (originally published in 1960) is not in the public domain and still copyright protected.

You will need to get permission from the current rights-holder(s) in order to make a voice recording of the book. Voice recordings of books are considered derivative works. Creating derivatives is one of the exclusive rights held by copyright owners.

E. Margaret Clarkson is Canadian. I believe she lived in Toronto before her death in 2008. You will want to contact her estate.

Good luck.

 

[NormanCR]

Thank you for your quick response. I have written to the publisher but there seems to be a long turnaround time for responding.

 

[FlyingRon]

In addition to what Quincy says (which I agree with), the publisher is Eerdman (https://www.eerdmans.com) which might be able to assist you in obtaining permission.

 

[quincy]

Thank you for your quick response. I have written to the publisher but there seems to be a long turnaround time for responding.

It can be a long process learning who holds what rights and contacting them all for proper permissions. And you will need to concern yourself with Canadian copyright laws as well as US copyright laws.

Good luck.

 

[FlyingRon]

Canada and the US are both Berne signatories. This gives the author in either country the rights to such derivative works. You'll need permission.

 

[quincy]

Canada and the US are both Berne signatories. This gives the author in either country the rights to such derivative works. You'll need permission.

Right. It seems clear that permission will need to be granted.

The copyright laws in Canada have some significant differences from the laws in the US, though - hence my earlier comment.

Here is a link to some differences - the duration of copyrights and moral rights: https://www.copyrightlaws.com/canadian-copyright-law-what-is-the-duration-of-copyright-in-canada

 

[NormanCR]

Hey guys! Thanks for all your input. I did request from Eerdman and to their credit they have responded quickly. However, disappointingly they have denied permission. Sad for a book of that age and for a church, but that's life.

 

[quincy]

Hey guys! Thanks for all your input. I did request from Eerdman and to their credit they have responded quickly. However, disappointingly they have denied permission. Sad for a book of that age and for a church, but that's life.

It is good that you asked for permission instead of producing the voice recording of the book first, then.

As disappointed as I am sure you are, you saved yourself from the possibility of a costly copyright infringement suit.

 

[Zigner]

Hey guys! Thanks for all your input. I did request from Eerdman and to their credit they have responded quickly. However, disappointingly they have denied permission. Sad for a book of that age and for a church, but that's life.

Did you offer them money?

 

[quincy]

Did you offer them money?

Asking for permission is similar to asking for a license.

I imagine the rights holders want to create their own audio book.

 

[NormanCR]

No I never offered them money, as I do not have any to offer! I have been retired for 15 years and our small church does not have money to spare either. I would seriously doubt that there were any plans to voice record a book published in 1960 and as far as I know, out of print, unless I have given them an idea they never thought of before!
Anyway, I regard the matter as closed. it was a nice idea that didn't come to fruition.

 

[quincy]

No I never offered them money, as I do not have any to offer! I have been retired for 15 years and our small church does not have money to spare either. I would seriously doubt that there were any plans to voice record a book published in 1960 and as far as I know, out of print, unless I have given them an idea they never thought of before!
Anyway, I regard the matter as closed. it was a nice idea that didn't come to fruition.

That sometimes happens with good ideas. At least you know you followed your idea as far as it could go.

Good luck to you and your small church in South Africa.

 

[FlyingRon]

Oh, and by the way. The rights to make the audiobook are also distinct from the right to publicly perform it in the "adventure" you're planning. Even if you could have bought the book on tape by some publisher, you couldn't use it for that.

 

[quincy]

Oh, and by the way. The rights to make the audiobook are also distinct from the right to publicly perform it in the "adventure" you're planning. Even if you could have bought the book on tape by some publisher, you couldn't use it for that.

Good point. I missed that.