Literary copyright laws regarding reproduction of old works.?

Question

I want to sell books through my business. Most of the books Im referring to are religious and philosophical works that are not even attributed to anyone in particular and are also very old. What would the laws stance be if I wanted to manufacture and sell them? Someone said that I just have to offer my own translation or interpretation for it to be legal. Another said that theyre public domain and I can do what I want. Whats the actual legal stance?

Answer 1

It depends on each individual book's copyright. Copyrights do not last forever. Unless re-applied for by the owner of the copyright it will pass into the public domain on it's expiration. You will have to do a copyright search for each book you want to re-print to see if it's still valid or has passed to the public domain. Even though a work has passed into the public domain you may not be able to copyright your re-print unless you've made some substantial changes to the original work.

How long does a copyright last?
The term of copyright for a particular work depends on several factors, including whether it has been published, and, if so, the date of first publication. As a general rule, for works created after January 1, 1978, copyright protection lasts for the life of the author plus an additional 70 years. For an anonymous work, a pseudonymous work, or a work made for hire, the copyright endures for a term of 95 years from the year of its first publication or a term of 120 years from the year of its creation, whichever expires first. For works first published prior to 1978, the term will vary depending on several factors. To determine the length of copyright protection for a particular work, consult chapter 3 of the Copyright Act (title 17 of the United States Code). More information on the term of copyright can be found in Circular 15a, Duration of Copyright, and Circular 1, Copyright Basics. http://www.copyright.gov/help/faq/faq-duration.html#duration

How much do I have to change in order to claim copyright in someone else's work?
Only the owner of copyright in a work has the right to prepare, or to authorize someone else to create, a new version of that work. Accordingly, you cannot claim copyright to another's work, no matter how much you change it, unless you have the owner's consent. See Circular 14, Copyright Registration for Derivative Works. http://www.copyright.gov/help/faq/faq-fairuse.html#change

Do you have a list of books in the public domain?
No, we neither compile nor maintain such a list. A search of our records, however, may reveal whether a particular work has fallen into the public domain. We will conduct a search of our records by the title of a work, an author's name, or a claimant's name. The search fee is $150 per hour. You may also search the records in person without paying a fee. http://www.copyright.gov/help/faq/faq-fairuse.html#change

How can I find out who owns a copyright?
We can provide you with the information available in our records. A search of registrations, renewals, and recorded transfers of ownership made before 1978 requires a manual search of our files. Upon request, our staff will search our records at the statutory rate of $150 for each hour. There is no fee if you conduct a search in person at the Copyright Office. Copyright registrations made and documents recorded from 1978 to date are available for searching online. For further information, see Circular 22, How to Investigate the Copyright Status of a Work, and Circular 23, Copyright Card Catalog and the Online File.
http://www.copyright.gov/help/faq/faq-fairuse.html#whoowns

Length of copyrights & extensions by publication dates - http://www.unc.edu/~unclng/public-d.htm

More info on Public Domain and foreign Copyrights - http://onlinebooks.library.upenn.edu/okbooks.html


How do I get a thumbs down when the information I provided comes directly from the U.S. Copyright offices ??? Someone sure isn't playing fair.

Answer 2

In the U.S., what you're describing is called a "derivative work." Copyright owners have rights to both their original work, as well as derivative works. Check the links below for more info.

Answer 3

translations are tricky

you can type up the work in its original language, but translations are original works of authorship, and can be copyrighted