SOME COPYRIGHT BASICS
Digitizing books requires a basic understanding of copyright and how to research copyright status. How does copyright apply to public domain, out-of-print, and orphaned books? How long does a copyright last? Whether a book is in hard copy or published electronically, it is protected by copyright.
Important details confirmed by the Copyright Law of the United States and Related Laws Contained in Title 17 of the United States Code (May 2021):
- All works published in the United States before the year 1924 are in the public domain.
- Works after 1923 and before 1978 are protected for 95 years from the date of publication.
- If the work was created (but not published) before 1978, the copyright lasts for the life of the author plus 70 years.
ADDITIONAL COPYRIGHT RESEARCH LINKS
To research copyright status, we begin with the U.S. Copyright Office and/or the following online portals:
- Catalog of Copyright Entries covering the years 1891 to 1977.
- Records from 1955 through 1977 are available online through the Virtual Card Catalog Proof of Concept link.
- Post 1978 records (including copyright renewals and other recorded documents) are accessible through the Copyright Public Records Catalog.
- For researchers who live or travel near Washington, DC, visit the onsite Copyright Public Records Reading Room.
COPYRIGHT TERMINOLOGY
Understanding definitions of terms is critical when considering how copyright laws pertain to publishing an ebook.
- A book is said to be in the public domain if published in the US before 1924. Therefore, it is not subject to copyright.
- A book that is out-of-print is no longer available to buy. New copies are no longer being produced. No publisher currently claims to have the book in print and available.
- A book that is out of copyright is one whose copyright has expired. It is said to be in common domain. No one can own the rights. Anyone can copy it reprint it, etc. at will.
- Out of print and out of copyright are entirely different things! Most books go out of print within a year or two, but their copyright goes on for decades.
- An orphaned book refers to a copyrighted book whose copyright owner (author, estate, trust or representative) cannot be located.
- An orphaned book is usually out of print, but it is NOT out of copyright. It’s orphaned because the copyright owner cannot be located to send royalties to or to ask for permission to excerpt, copy, reprint, digitalize, etc.
***Please note that Our House Treasures is not providing legal advice.
Do you have copyright questions?…contact a lawyer. WE DID!
COPYRIGHT HOLDERS! WHERE, OH WHERE, ART THOU?
What is Our House Treasures’ greatest challenge to obtain permission to digitize books? The inability to locate and contact a current copyright holders of orphaned books! We perceive this is the case for others in the industry as well.
ENDING THIS POST WITH A RANT: WILL OTHERS AGREE?
Copyright was originally intended for 28 years, plus a 28-year extension at request. Congress passed the Copyright Protection Act of 1976, extending the term to 50 years from the date of an author’s death. Copyright was subsequently increased for the lifetime of an author plus 70 years under The Copyright Term Extension Act of 1998. (This Act of 1998 is also known as the Sonny Bono Copyright Term Extension Act. And critics sometimes call this the Mickey Mouse Act, because Disney Corp. is viewed as strong-arming Congress to pass it.)
The frustration? The Copyright Term Extension Act of 1998 could result in a copyright lasting 120 years! Now, a huge number of books end up not only orphaned but trapped in a useless and ineffectual copyright.
IS THERE A SOLUTION TO LOCATING COPYRIGHT HOLDERS?
Too many books are being lost forever over a 120 year time span!
This dilemma of orphaned books has been in discussion for at least a couple of decades. Here’s a thought. Perhaps it’s time for the US Copyright Office to declare a copyright void if the owner(s) cannot be found after a thorough, legitimate search plus a reasonable period of time (two to three years). Or, perhaps copyright registrations should be updated every 10 years, providing up-to-date contact information (similar to the way patent holders must continually renew registrations.)