Copyright Law Question

[Jim Wilson]

I am wondering if someone knows how to track down whether or not a specific book still has its copyright. The law, over time, has changed and it is not always easy to determine if a copyright is still in force. I am specifically interested in a book that was originally published in Britain in 1931. I do not think there was ever a second printing beyond this first 1931 edition. I also suspect that it was never published in the U.S., which may be relevant as British and U.S. copyright law differ. One of my questions is if the 1931 British copyright also applies to the U.S.

The company that originally published the book is now out of business. All the titles of the original company have been transferred, several times, to other entities. I was able to track down the current holder (Orion Books) of these copyrights. I emailed them about reprint rights, and asking them about the specifics of the contract for the work in question (to determine if the copyright also applied to the U.S.). They wrote back that the copyright has an additional ten years on it, which would make it 2024. From 1931 to 2024 is 93 years, which, I think, is a rather odd number. The publisher also said that they were unable to find the applicable contract for this work and therefore couldn't answer my question as to its territorial extent.

So there seems to be some ambiguity here: if the territory for the copyright was only Britian, then I would be able to reprint it (my goals is to reprint the book using print-on-demand technology). But I don't know how ot move forward with this. There seems to be a impasse and I am wondering if anyone knows of the specifics of copyright law that would apply to this case, or can refer me to someone who could be of assistance.

Thanks,

Jim

[Philip Tymon]

Jim-- First, it is tricky to give specific legal advice unless one is a lawyer in that state. So, since I am not a lawyer in California, I can only give you some general information.

Second, you might want to look at the Wikipedia article on copyright and also bi-lateral copyright agreements for some useful background information.

Third, you might check with Media Alliance in SF for their advice--- I also think I heard of a group in SF called something like Lawyers for the Arts who could give advice on such things. Don't know if they still exist.

Next, it looks like the U.S. and Britain have a bi-lateral copyright agreement-- if that is the case, then likely the British copyright also applies here. But I don't know for sure (and I'm surprised that the current copyright holder doesn't seem to know).

Finally, and maybe the most interesting, is that in 1998 there was a new Federal copyright law that extended most copyrights a significant length of time--- wanna know why? Because the original Mickey Mouse copyrights were about to expire and Disney spent a fortune on lobbyists to make sure they got extended. So it is quite possible that the copyright on this book still has another 10 years to run. All puns and jokes about "Mickey Mouse" accepted.

Good luck.

[Jim Wilson]

Philip -- Thanks for the information. I found it very helpful and I will follow up on some of the leads. I didn't know about the Disney and Mickey Mouse connection. It's a weird world.

Thanks again,

Jim

[Ronaldo]

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