How to reprint a non- copyrighted book

[serbst]

What is the name of your state? RI

I am interested in reprinting a book that was written about my grandfather in 1950. The book was never copyrighted and I just had a paid search done at the copyright office to confirm this.
They told me I could reprint it but to seek a copyright lawyer for more advise.
There were only 225 copies of the book printed in 1950. And the men and women in the book are mostly the ones who bought a copy as a gift. My grandfather and other funded the cost of the small printing.
How do I go about reprinting the book maybe adding more information on my grandfather and selling it to the public.
Do I need to file any thing if I keep the book thesame. The author had no kids and pasted away in 1985. The copy right office said I didnt need to file any forms just to go a head and reprint he book but what are down sides if someone related to the author comes knocking? It seemed to easy to just reprint it and sellit to the public.
Thank you for your time

Serbst

 

[divgradcurl]

Does the book have a copyright notice near the front of the book? Usually there's a page that says something to the effect of "copyright blah blah blah 1968" or whatever. If it does have a notice, then it _probably_ is still covered by copyright, and you would have to trace down the author's heirs to find out who holds title to the copyrights. There was a time when you had to have a copyright notice or the work was automatically put into the public domain. I don't have my statutes in front of me so I can't tell for sure, but I believe that if you had a copyright notice, even if the copyright wasn't registered with the copyright office, the copyright was valid. Since the book was published in 1950, the first 28 year term would not have expired until after 1963, when all of the current extensions started to take effect...

If it doesn't, you're probably in the clear. This is why it wouldn't hurt to check with a lawyer experienced in copyright.

If there is no current copyright, you can print it freely, but you also can't stop anyone else from doing the same thing, since you can't get a copyright on something thats already in the public domain.

 

[serbst]

Reprinting a non copyrighted book

Thanks for your reply. The book is stamped in the front copyrighted by the author 1950. But When I had the copy right office do a search the author never filed or register it.
So just because he stamped it he has protection?
He didnt have any kids and I dont know if his wife would still be alive. But if the copyright wasnt registerd then how would any heirs have title would it have to be in his will?
And what type of heir would it have to be, family or 4th cousin does it matter how there related.
so If it6 was printed in 1950 and 28 years would put it at 1978
Does that make it public domain if there are no heirs.
I told the copyright office that it was stamped but she didnt seem to care it would have had to be register with them for full protection.
What can happen if I go ahead and print the book?
Thanks again for all your help
Serbst

 

[divgradcurl]

A copyright can, and often does, exist without registration with the copyright office. In the old days (prior to the 1976 copyright act), copyright was obtained by publication of the work along with a notice -- which is what your copy has.

However, after doing a little more reading, I think the copyright is probably clear on your book. The book was published in 1950, the original 28-year term would have expired sometime in 1978. Under the rules, works in their first term as of Jan 1, 1978 (when the 1976 copyright act became effective) _still_ had to properly renew their copyright in order to get the benefits of the greatly increased terms under the 1976 act. Since the copyright has no records of a renenwal, the work is probably public domain.

Depending on how much time and\or money you are putting into this product, you still may want to consult with a copyright lawyer just to be sure.

 

[divgradcurl]

Another thing --So yes, copyright can and does exist without registration with the copyright office. Works made before 1978 became copyrighted upon publication with a notice. After 1978, works become copyrighted as soon as they are "fixed in a tangible format" -- basically as soon as you write something down it is covered by copyright. The requirement for a copyright notice ceased in (I think) 1989.

However, even though you can get and enforce a copyright without registration, there are benefits to registration. If you have a registered copyright, if you do end up in court, the burden of proof shifts from you having to prove you own the copyright to them having to prove you don't. Also registration lets you take advantage of all sorts of damages and injunctive relief that is not available to people holding non-registered copyrights.

So yes, you can get a copyright without registration, but registration is useful if you ever end up (or plan to end up) in court...

 

[serbst]

> How to reprint a non- copyrighted book

Ok, so Have you ever heard of someone reprinting a book so it call be sold for profit instead of a private printing?
It was written about my grandfather who was in WWll and was the first medical team on the beachs at Normandy. I think it would make for a great book for the whole world to read.
And seeing how it never went out to the public no one really knows about it but the author and some of the pepole that were in the book that are still alive most of them are in there 80s now.
I would give full credit to the author he did a great job in writting the book I just want the world to know the story and maybe make back my money at it the same time. I think it would sell well.
But I don't want someone to get mad if I do it if there is anyone left in his family that could claim it. They would have known about it since 1950 and would have done this by now dont you think?
Kinda like they had there chance to publish it. The book is really important to me. My grandfather died when I was only 5. Im now 39, and just read this book for the first time. I have been looking for a copy of it since I was 12. So it is very personal to me as well
as a business venture.
Thanks again for you time and your help with this.
im having trouble finding a copyright lawyer in RI?
Serbst

 

[CaliCat]

Know what? Just contacta lawyer. I'm sure it would be a great read, and the line about the first WWII medical team in Normandy would be of tremendous interest in many communities. Contact a lawyer and save yourself future troubles. Your questions won't get answered properly here on this with any reliability since so many people have differences of opinion.

 

[divgradcurl]

Ok, so Have you ever heard of someone reprinting a book so it call be sold for profit instead of a private printing?

Happens all of the time. Anyone who prints Shakespeare is "reprinting" a book for profit, since any copyright the Bard might have had expired long ago... If the work is in the public domain, you (or anyone else, for that matter) can reprint the work for fun and profit.

But I don't want someone to get mad if I do it if there is anyone left in his family that could claim it. They would have known about it since 1950 and would have done this by now dont you think?

If the copyright is expired, it doesn't matter how mad the family gets -- they can't stop you. They could sue you, of course, and you would have to spend money to defend yourself, but they wouldn't prevail. However, if you want to make sure that the copyright is expired and their is no one left to get mad at you, hire a lawyer.

Kinda like they had there chance to publish it.

Maybe, but if the copyright is still in existance, they don't have to publish it, and can keep others from doing so if they wish. They (whoever they might be) probably don't have a copyright, though.

im having trouble finding a copyright lawyer in RI?

Can't help you there. However, copyright is Federal law, not State law, so you don't really need an RI lawyer. I guess you could hop in the car and drive up to Boston -- there are sure to be plenty of IP lawyers up thataway...

 

[divgradcurl]

Happens all of the time. Anyone who prints Shakespeare is "reprinting" a book for profit, since any copyright the Bard might have had expired long ago... If the work is in the public domain, you (or anyone else, for that matter) can reprint the work for fun and profit.

Let me be more clear on that. It's true that anyone can reprint Shakespeare (or any other public domain work) without having to get anyone's permission. This does not, however, mean that you can go down to Borders, buy a copy of some publisher's reprint of Romeo and Juliet, and then go down and run off a bunch of copies and sell them. In this case, the book's layout and artwork ARE copyrighted, just the text isn't -- so you would have to copy the text and format it yourself, with your own artwork, in order to avoid an infringement claim.

Same goes for your book in question. Not only do you need to check for a copyright on the book itself, but if there is any artwork or photos in the book, you would have to find out 1) who owns them, and b) if they still have a valid copyright. If you go see an IP lawyer, he or she canhelp you with all of that.

Good luck.

 

[serbst]

Thanks, The book does have photos and some artwork. But the photos were donated by the pepole in the book , they were all personal photos from the men and women in the war not copyrighted famous photos, my grandfather being one of them. If I rewrite the book and put it in my own words and terms and use photos of my own which my grandfather took during the war and using some information from the book and my own from family history can I just say in the book this taken from the book blah blah and written by... and the rest be of my ownwork?
well this has been a great adventure for me I hope I can get somewhere with this book or write my own. I just feel that the book as it stands now, was written very well and tells of a true story first hand account of what happen during that time of war.
My grandfather was lucky to have made it home in one piece
after being held in a german prsion for 6 months then escaping and living to tell about it!
He's my hero and I just want the whole world to know!
Thanks for all your help and thanks to calicat for your reply as well.
If I come up with any more questions I will fill you in.
Thanks again
Serbst