Are books last published in the 18th and 19th century still under copyright?

Question

I am wondering if books that have been out of print for over 100 years still have a copyright (in the USA). Also wondering if they can be republished without "rights" to the book. If not, please provide details on the actual U.S. copyright law pertaining to this.

Answer 1

"Any book published anywhere before 1923 is in the public domain in the U.S. This is the rule we use most." (Gutenberg)

"Books can be released into the public domain by the owners of their copyrights."

"Some books published without a copyright notice in the U.S. prior to March 1st, 1989 are in the public domain."

"Some books published before 1964, and whose copyright was not renewed, are in the public domain. "

"A book, or other copyrightable work, enters the public domain when its copyright lapses or when the copyright owner releases it to the public domain.

U.S. Government documents can never be copyrighted in the first place; they are "born" into the public domain.

There are certain other exceptional cases: for example, if a substantial number of copies were printed and distributed in the U.S. before March, 1989 without a copyright notice, and the work is of entirely American authorship, or was first published in the United States, the work is in the public domain in the U.S.

However, when some character or part of the work is also trademarked, as in the case of Tarzan, it may not be possible to release new works with that trademark, since trademark does not expire in the same way as copyright. If you propose to base new works on public domain material, you should investigate possible trademark issues first."
http://www.gutenberg.org/wiki/Gutenberg:Copyright_FAQ

http://www.copyright.gov/laws/
http://www.gutenberg.org
http://www.gutenberg.org/wiki/Gutenberg:News
http://en.wikipedia.org/wiki/Gutenberg_project

Answer 2

Yes And No.

First the yes part. Any story or illustration that was published in the USA prior to 1925 (based on effective date of Sonny Bono law) is public domain. the life of the original author is of consequence only when considering much newer works that were published after 1977.

Now the no part. While the story may be public domain, the actual typeset if done after 1971 may not be duplicated by a photo or automatic process as the subsequent publisher would have a copyright against direct reproduction, you would have to set your own type. Also publishers may have added supplimental material, and this new material can be protected by a separate copyright. But if you are not working from recent "reprints" but using the actual original versions, you should have no problems.

Answer 3

Not legal advice, not a lawyer, etc. Find a lawyer if you're actually trying to publish, but it's likely he'll just give you the go-ahead.

No, only if they were published after 1923. Therefore, 18th and 19th century publications are public domain, which means copying and republishing should be just fine. I mean, you see all sorts of versions of some of the "classics" that were written in the 1800s, right?

Article I, Section 8, Clause 8 of the U.S. Constitution, also known as the Copyright Clause, gives Congress the power to enact statutes To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.

Congress first exercised this power with the enactment of the Copyright Act of 1790, and has changed and updated copyright statutes several times since. The Copyright Act of 1976, though it has been modified since its enactment, is currently the basis of copyright law in the United States.

The length of the copyright term within the United States was extended by the Sonny Bono Copyright Term Extension Act, which made the copyright term the life of the author plus 70 years for works created after January 1, 1978. In the case of a work of corporate authorship (also known as "Work for Hire") the term will be 95 years from the date of first publication or 120 years from the date of creation, whichever expires first. This legislation was challenged in court and affirmed by the US Supreme Court in the landmark copyright decision, Eldred v. Ashcroft (2003), in which the Supreme Court agreed that the length of the copyright term (ie, the period of time during which the copyright holder has a monopoly on its exploitation) could be extended by Congress after the original act of creation and beginning of the copyright term, as long as the extension itself was limited instead of perpetual. The duration of U.S. copyright for works created before 1978 is a complex matter; however, works published before 1923 are all in the public domain. In the US, after the death of a copyright holder, heirs inherit the copyright. [7]

17 U.S.C. § 105 withholds copyrighted status from any work of the United States Government, defined in 17 U.S.C. § 101 as "a work prepared by an officer or employee of the United States Government as part of that person's official duties." Any such work is therefore in the public domain.

Answer 4

With perhaps a few exceptions, no.

Current US laws (Title 17 of the US Code) define copyright protection as extending from 70 years after the death of the author for works created after 1978, or 50 years after death for works created prior to that (120 years after creation for works authored by corporations).

Once the copyright term has expired, then the work can be republished, or derivative works created from it. Which is why you see so many different versions of movies based on stories from the 1800s and earlier.

Answer 5

no anything over 100 years is no longer subject to copyright. I think the max on copyright is 75 years. I am not 100% sure but I know it is not more than that.

Answer 6

100 years of copyright, that's all
then it's "public domain"

Answer 7

depends....shakespearean works are bought by publishing houses for example...so they are copyrighted. tolkien's family owns the rights to his books.

Answer 8

yes