I have a family ancestry book that was published, but not copyrighted. I have since found it available on-line for sale. This individual has copyrighted this. Is this legal?
2007-12-19 08:54:40 · 6 answers · asked by Karen P 3 in Politics & Government ➔ Law & Ethics
How would I go about finding local legal in the USA that would handle this kind of situation?
2007-12-19 09:13:15 · update #1
The answer would really depend on what licenses you originally published the book under. For example, if you published the book under a Creative Commons License then there is the possibility you consented to a third party developing derivative works for commercial gain.
Or you may have unknowingly signed over your rights to your publisher who in turn sold them to a third party. That might happen if you used an online publisher. Or maybe it was the genealogy company that did your book and they retained all rights?
If you don't think you did any of those things then no, they can't legally do that. A simple letter to this party should suffice, otherwise get a lawyer.
2007-12-19 09:02:43 · answer #1 · answered by Judge and Jury 4 · 0⤊ 2⤋
While a copyright may not have been registered for the original work a copyright is still owned by the original publisher. The person that originally published the book can sue the person that is selling it on line if they can show they created the book before the other.
2007-12-19 08:59:03 · answer #2 · answered by davidmi711 7 · 1⤊ 0⤋
As soon as something is created, it carries a copyright, whether it has been registered or not.
Normally, registration is done in anticipation of litigation.
If you are the creator, you can register the same work as yours, using the date you created it, then send a cease and desist letter to the person selling it, and demand the proceeds.
You might need counsel to help you. But if the person does this a lot, there might be a big pot to go after.
** Note: This is a general discussion of the subject matter of your question and not legal advice. Local laws or your particular situation may change the general rules. For a specific answer to your question you should consult legal counsel with whom you can discuss all the facts of your case. **
2007-12-19 09:10:52 · answer #3 · answered by scottclear 6 · 0⤊ 0⤋
Copyright is automatic when you publish a work. And no, they can't sell it without your permission.
The usual problem in a copyright dispute is proving you originated the material, and when. A simple way to protect it is to put a copy in a sealed envelope, and mail it to yourself. DO NOT open the envelope when it arrives - just keep it in a safe place. If necessary, you can present it in court, still sealed, and show the post-date on the envelope to prove when it was created.
Registering a copyright can help you in international copyright claims.
2007-12-19 10:09:20 · answer #4 · answered by Anonymous · 0⤊ 1⤋
If it is published, it is copyrighted by virtue of being in fixed form.
It was probably in fixed form before it was published, so who owns the copyright may be a matter of, err, dispute.
Or, the published copy may have copyright only in the presentation, and not in the content. the cheap old novels you see in new bookstores (Dickens e.g.) are copyrighted this way, as the content itself is otherwise in the public domain.
Which raises the issue how old the work is - if it is old enough (like before 1923 in most cases), the original copyright may have expired.
2007-12-19 09:06:56 · answer #5 · answered by Barry C 7 · 1⤊ 1⤋
There's no such thing as published but not copyrighted.
Copyright attaches to any creative work as soon as it's created.
Richard
2007-12-19 08:58:20 · answer #6 · answered by rickinnocal 7 · 1⤊ 0⤋