copyright # 2

   OK WHAT DO YOU FEEL ABOUT THIS, i bought a religious magazine in 1977 almost 40 years ago. today im writing a book that gives credit to the book just a paragraph, but because it was so long ago my new viewers probably are unaware of its existense (a very first of its kind)

   So i placed the IMAGE of a copy of the front page of the magazine in my new book. out of good faith i tried to contact the people from various sites...no luck the organization that put the book out is out of business and is under a different movement. do i let dead dogs lay and give the image proper citation or do i open up a can of worms by contacting its new providers?

DOES THIS ACT CONSTITUTE A COPYRIGHT OR A SUBJECT OF FARE USE AND A PUBLIC DOMAIN ISSUE, DUE TO THE FACT THAT THE  ORGANIZATION DID NOT RENEW THE COPYRIGHT FROM THAT TIME???

Comments

  • I believe things are public domain after 100 years as in the Guttenberg Project.


  • khabeyallah777 wrote:

       OK WHAT DO YOU FEEL ABOUT THIS, i bought a religious magazine in 1977 almost 40 years ago. today im writing a book that gives credit to the book just a paragraph, but because it was so long ago my new viewers probably are unaware of its existense (a very first of its kind)

       So i placed the IMAGE of a copy of the front page of the magazine in my new book. out of good faith i tried to contact the people from various sites...no luck the organization that put the book out is out of business and is under a different movement. do i let dead dogs lay and give the image proper citation or do i open up a can of worms by contacting its new providers?

    DOES THIS ACT CONSTITUTE A COPYRIGHT OR A SUBJECT OF FARE USE AND A PUBLIC DOMAIN ISSUE, DUE TO THE FACT THAT THE  ORGANIZATION DID NOT RENEW THE COPYRIGHT FROM THAT TIME???


    Notice: this does not constitute legal advice. If you seek legal counsel, consult with a qualified attorney.

     

    It's likely still copyrighted.

    www.copyright.gov/circs/circ15a.pdf

    So the best course of action is to either remove the content, or seek permission from the rightsholders.


  • khabeyallah777 wrote:

       OK WHAT DO YOU FEEL ABOUT THIS, i bought a religious magazine in 1977 almost 40 years ago. today im writing a book that gives credit to the book just a paragraph, but because it was so long ago my new viewers probably are unaware of its existense (a very first of its kind)

       So i placed the IMAGE of a copy of the front page of the magazine in my new book. out of good faith i tried to contact the people from various sites...no luck the organization that put the book out is out of business and is under a different movement. do i let dead dogs lay and give the image proper citation or do i open up a can of worms by contacting its new providers?

    DOES THIS ACT CONSTITUTE A COPYRIGHT OR A SUBJECT OF FARE USE AND A PUBLIC DOMAIN ISSUE, DUE TO THE FACT THAT THE  ORGANIZATION DID NOT RENEW THE COPYRIGHT FROM THAT TIME???


    Okay, more than likely, as Adventure Writer said, someone owns copyright.

     

    The organization is no longer around. But look inside the magazine, on one of the first few pages, and there will be a page with all kinds of small print -- who the publisher was, and who the editors were, and things like that.

     

    Somewhere on that page, it will say, "Cover image (c) 1977 by Somebody." You need to make a good faith effort to find that somebody.

     

    When I say good faith -- If somebody asks you how hard you tried to find that guy, you need to be able to say, "I tried as hard as I could. Here's all the places I looked for him."

     

    If you can honestly say, when all is said and done, that it is impossible to find the copyright holders, then you might be able to sue the image. But if you do, you're running the risk of the owner claiming the image later and holding you accountable for royalties.

     

    The risk is yours, ultimately... And how much risk depends on how much good faith effort.

     

    I'm still not a lawyer.

  • The others are right. Copyright law is EXTREMELY complex and US courts in particular have been handing out savage fines on proven infraction of copyright.

    Ask yourself this: is the image ESSENTIAL? Or does your book stand up on its own merits?

    I wouldn't risk it.

    Norm
  • If it's a quotation, why bother about copyrights? Just use quotation marks and state your source.

  • khabeyallah777 wrote:

       OK WHAT DO YOU FEEL ABOUT THIS, i bought a religious magazine in 1977 almost 40 years ago. today im writing a book that gives credit to the book just a paragraph, but because it was so long ago my new viewers probably are unaware of its existense (a very first of its kind)

       So i placed the IMAGE of a copy of the front page of the magazine in my new book. out of good faith i tried to contact the people from various sites...no luck the organization that put the book out is out of business and is under a different movement. do i let dead dogs lay and give the image proper citation or do i open up a can of worms by contacting its new providers?

    DOES THIS ACT CONSTITUTE A COPYRIGHT OR A SUBJECT OF FARE USE AND A PUBLIC DOMAIN ISSUE, DUE TO THE FACT THAT THE  ORGANIZATION DID NOT RENEW THE COPYRIGHT FROM THAT TIME???


    Only things published before 1928 are clearly in the public domain. A magazine published in 1977 is more than likely to still be under copyright. 

     

    Fair usage covers only the use of "limited portions of a work including quotes, for purposes such as commentary, criticism, news reporting, and scholarly reports." It's possible that your use of the material comes under this...but as the US Copyright Office urges, it is always better to seek permission.

    __________________________________________
    Black Cat Studios http://www.black-cat-studios.com/

  • potetjp wrote:
    If it's a quotation, why bother about copyrights? Just use quotation marks and state your source.

    That is not necessarily sufficient.

     

    Here is how the US Copyright Office handles that question:

     

    Could I be sued for using somebody else's work? How about quotes or samples?

    If you use a copyrighted work without authorization, the owner may be entitled to bring an infringement action against you. There are circumstances under the fair use doctrine where a quote or a sample may be used without permission. However, in cases of doubt, the Copyright Office recommends that permission be obtained.

     

    How much of someone else's work can I use without getting permission?

    Under the fair use doctrine of the U.S. copyright statute, it is permissible to use limited portions of a work including quotes, for purposes such as commentary, criticism, news reporting, and scholarly reports. There are no legal rules permitting the use of a specific number of words, a certain number of musical notes, or percentage of a work. Whether a particular use qualifies as fair use depends on all the circumstances.

     

    In short, play it safe and get permission.

    __________________________________________
    Black Cat Studios http://www.black-cat-studios.com/
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