ADVERTISEMENT

OT: Copyright Law

RUboston

All American
Sep 13, 2002
6,216
9,502
113
A friend of mine found a nursing book (more like a lengthy pamphlet is how it was described to me) in his deceased's mother's belongings (she was a nurse). It was published in 1935 and describes good nursing practices and certain things "all good nurses must do." His mother did not author the book. He sent it to a publisher who sent a letter back saying they want to publish it and discuss an "offer."

I am not familiar with copyright law, but this does not seem right. I know copyrights expire (75 years?) but he had nothing to do with the creation of this work. I told him to see a copyright lawyer before he does anything.

Anyone knowledgeable in this area?
 
You would be best advised to consult with an attorney, particularly if publishing rights are involved. The area is very complicated, and the Copyright Act has been amended several times going back to the 1909 Act.
Expiration of copyrights:


https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&ved=0ahUKEwiV8dnzuqjOAhWJxYMKHQK9B4MQFggeMAA&url=http://www.copyright.gov/circs/circ15a.pdf&usg=AFQjCNGa7IOi8vo6SpJhG9VaHmLYEOqBlA&cad=rja

I actually think I have seen that same book. My mother was a nurse and had a copy, even though that predates her time as a nurse. I remember being shocked at some of the stuff in there.
 
A friend of mine found a nursing book (more like a lengthy pamphlet is how it was described to me) in his deceased's mother's belongings (she was a nurse). It was published in 1935 and describes good nursing practices and certain things "all good nurses must do." His mother did not author the book. He sent it to a publisher who sent a letter back saying they want to publish it and discuss an "offer."

I am not familiar with copyright law, but this does not seem right. I know copyrights expire (75 years?) but he had nothing to do with the creation of this work. I told him to see a copyright lawyer before he does anything.

Anyone knowledgeable in this area?
I think copyrights extend 68 years, and the publisher, if reputable, will be knowledgeable of copyright law because they would be the one getting sued. Sometimes rights can be extended and inure to heirs, but generally works become part of the public domain after IIRC 68 years and are fair game for reproduction. What is odd about this situation is that the publisher would offer anything to your friend if the work is already in the public domain.
 
Please do yourself a favor and consult with an attorney. I am an IP attorney, but I handle patents and trademarks, and I refer copyright issues to other attorneys, as the area is extremely complicated. Regarding the term/expiration of the original work, it depends on several factors such as when/if the first work was published or registered. It will also depend on if the Copyright was renewed. You may be able to look this up online at the Library of Congress, but this may not be straightforward. None of this is legal advice, and was copied/pasted from the link provided above:

Federal standards for copyright duration differ substantially
under the 1909 act compared with the 1976 act because
of the renewal term contained in the 1909 act. Under the
1909 act, federal copyright was secured on the date a work
was published or, for unpublished works, on the date of
registration.
A copyright lasted for a first term of 28 years
from the date it was secured. The copyright was eligible
for renewal during the final, that is, 28th year, of the first
term. If renewed, the copyright was extended for a second,
or renewal, term of 28 years. If it was not renewed, the
copyright expired at the end of the first 28-year term, and
the work is no longer protected by copyright
. The term of
copyright for works published with a year date in the notice
that is earlier than the actual date of publication is computed
from the year date in the copyright notice.

The 1976 Copyright Act carried over the system in the
1909 Copyright Act for computing copyright duration for
works protected by federal statute before January 1, 1978,
with one major change: the length of the renewal term was
increased to 47 years. The 1998 Copyright Term Extension
Act increased the renewal term another 20 years to 67
years. Thus the maximum total term of copyright protection
for works already protected by January 1, 1978, has
been increased from 56 years (a first term of 28 years plus a
renewal term of 28 years) to 95 years (a first term of 28 years
plus a renewal term of 67 years). Applying these standards, all
works published in the United States before January 1, 1923,
are in the public domain.
 
Has anyone else noticed that it's always a friend who needs legal help?

No one ever tries to get message board legal advice for themselves.
 
  • Like
Reactions: FanuSanu52
I am not a lawyer, but I do work with historical media. If the work was first published before 1923, it would be easier to claim that it is in the public domain. I do not deal with works that are published from 1923 on because the laws are tricky and it would cost a lot to get the legal clearance that I need.

Scarlet Jerry
 
A friend of mine found a nursing book (more like a lengthy pamphlet is how it was described to me) in his deceased's mother's belongings (she was a nurse). It was published in 1935 and describes good nursing practices and certain things "all good nurses must do." His mother did not author the book. He sent it to a publisher who sent a letter back saying they want to publish it and discuss an "offer."

I am not familiar with copyright law, but this does not seem right. I know copyrights expire (75 years?) but he had nothing to do with the creation of this work. I told him to see a copyright lawyer before he does anything.

Anyone knowledgeable in this area?


Why not consult with a copyright attorney instead of what anonymous people answer on a college football message board?
 
He has been referred to a copyright attorney. Often times the anonymous people on this board provide helpful information on various non football topics. For instance, see the several helpful responses above yours.
 
He has been referred to a copyright attorney. Often times the anonymous people on this board provide helpful information on various non football topics. For instance, see the several helpful responses above yours.
Good move, RUboston, and it does not hurt to try. I could have taken a reasonable shot at it, but would have needed more facts with respect to the renewal and other items. Will probably need an attorney to review the agreement to publish.
 
If no copyright why does this company need your friend?

They can just start the presses 1935 + 75yrs or + 68 yrs still don't equal 2016 - expired.

I'd jump on the offer....any offer.
 
ADVERTISEMENT
ADVERTISEMENT