Discussion:
What is the name of your state? New Jersey
I would like to reproduce some old history books prior to 1923 on to compact disc in the form of adobe pdf files. I have been reading that material prior to Janurary 1923 is public domain. Will my cd's fall under new copyright law since I was the one who processed old works into a new entity ?
I would also like to reproduce old postcards prior to 1923. I would believe that these would not have any copyright value to me since they have not been changed in any creative way. But is it possible that the company that originaly produced them extended the copyright of them and how can I find this out?
And my final topic. If an author published a work in 1940 and the aurthor has died who owns the copyright to their publication? Is their work considered to be in the public domain? Who has a right to sue me if I reproduce their work?
Cheers,
Wildfred
Answer:
"I would like to reproduce some old history books prior to 1923 on to compact disc in the form of adobe pdf files. I have been reading that material prior to Janurary 1923 is public domain. Will my cd's fall under new copyright law since I was the one who processed old works into a new entity ?"
Yes, stuff published before January 1, 1923 is public domain. And yes, your CD's will fall under the current copyright law. However, you should note that what you will be copyrighting is your "compilation" -- that is, the particular choice of which works to include on your CD. The individual works themselves are not protectable any longer.
"I would also like to reproduce old postcards prior to 1923. I would believe that these would not have any copyright value to me since they have not been changed in any creative way. But is it possible that the company that originaly produced them extended the copyright of them and how can I find this out?"
If a postcard was published before January 1, 1923, it is public domain, period. Anyone can reproduce the work in any way they see fit.
"And my final topic. If an author published a work in 1940 and the aurthor has died who owns the copyright to their publication? Is their work considered to be in the public domain? Who has a right to sue me if I reproduce their work?"
Generally an author's heirs will own the work, and, as the copyright owners, would have the right to sue for any copyright infringement. A work published in the 40's in very unlikely to be in the public domain, as it would have been grandfathered into the 1976 copyright act.