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The family ancestry book that we have was written by a relative. The relative is deceased. It was published in the 1950's. There is a copy in the Library of Congress. Can someone digitally scan, and sell copies of this work?

2007-12-20 01:55:16 · 4 answers · asked by Karen P 3 in Politics & Government Law & Ethics

This book was purposefully not copyrighted. Does this change things?

2007-12-20 02:09:06 · update #1

4 answers

The previous answer is not correct at least with respect to U.S. Copyright Law for a work published in the 1950's. His information even contradicts the circular to which he links.

For a book published in the 1950's, if it does not have a copyright notice, then it is in the public domain.

If the book does have a copyright notice and the copyright was not timely renewed, then the work is in the public domain.

If the book does have a copyright notice and the copyright was timely renewed, then the copyright currently lasts 95 years from the publication date.

This information can be verified using the chart I link below, in addition to reading the circular linked in the other answer.

http://www.copyright.cornell.edu/public_domain/

2007-12-20 03:49:23 · answer #1 · answered by ron_mexico 7 · 3 0

The distinction here is publication.

It would appear that this work is "published". Under the law a work is considered published if it is distributed, actual sales is not a factor. Publication without registration of a copyright in the 1950's puts it squarely into the public domain.

"Unpublished" works from this era, such as a diary or similar manuscript do qualify for copyright protection in most circumstances.

2007-12-25 07:00:07 · answer #2 · answered by lare 7 · 0 0

No, if the deceased person holds the copyright, he retains that right for as long as he lives PLUS 70 years after he dies. His family will be the beneficiary while he retains the copyright after his death. After that, it is deemed to be in the public domain.

2007-12-20 02:05:31 · answer #3 · answered by Andy 4 · 0 2

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2016-12-11 10:02:58 · answer #4 · answered by ? 4 · 0 0

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