I am trying to determine who owns the rights to a book called "Gods'
Man" a novel in woodcut by Lynd Ward/ 1929 American

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Request for Question Clarification by pafalafa-ga on 19 Oct 2003 13:24 PDT

Hello.

I've found 53 listings for copyrighted materials written or
illustrated by Lynd Ward, but "God's Man" is not among them.  This is
not an absolute indication that the material is not copyrighted, but
it's difficult to search beyond this without more information.

Do you have any other details about the book?  Publisher, co-authors
or illustrators?  Anything else that might help the researchers focus
their efforts.  Thanks.

pafalafa-ga

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Request for Question Clarification by hummer-ga on 19 Oct 2003 16:38 PDT

Hi finn4462,

Assuming you have the book in hand, could you please let me know
EXACTLY what is on the copyright page? That is the page that is on the
other side (back) of the title page. There are several laws that can
come into play here (nothing is ever simple, is it?) and the first
thing we need to determine is if it was originally published with or
without notice. We should be able to determine that with the
information you provide.

Thank you,
hummer

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Clarification of Question by finn4462-ga on 19 Oct 2003 18:54 PDT

Gods'Man was published in 1929. I have a 5th edition published in
1930.  IT was published by Jonathan Cape and Harrison Smith New York
139 E. 46th St. and 77 Wellington St. West Toronto Canada and by
Jonathon Cape Limited 30 Bedford Sq. London England. I believe it has
recently been republished as a monograph, but I don't know the details
of that publication.. I woule imagine that those people were able to
acquire the rights for re-publication.  This edition was printed and
bound by the Plimpton Press, Norwood Mass.  For the moment, that's all
I can tell you. Someone must own the rights?

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Request for Question Clarification by hummer-ga on 19 Oct 2003 19:14 PDT

Hi finn4462,

Thank you for the clarification. I need to know exactly what is on the
copyright page. More specifically, is the word "copyright" or is the
copyright symbol " © " anywhere? If so, what does it say exactly?  If
it is mentioned more than once, what do they all say? Make sure you
look on the title page, on the back of the title page and on the last
page also. Thanks, hummer

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Clarification of Question by finn4462-ga on 19 Oct 2003 19:28 PDT

The Copyright page indicates the following: Copyright Lynd Ward 1929. 
This doesn't mean it wasn't "assigned" etc.?

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Request for Question Clarification by hummer-ga on 20 Oct 2003 09:35 PDT

Hi again finn4462,

We have made several enquiries on your behalf and will let you know
when/if we receive any replies. After looking quite extensively into
the book in question, we cannot post a specific answer yet. We could,
however, report everything we have learned, including how to find the
copyright status yourself through the official copyright channels. If
you would like me to post that as an answer, please let me know.
Otherwise, we'll just wait and hope that we'll receive some responses
sooner rather than later.

Thank you,
hummer

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Clarification of Question by finn4462-ga on 20 Oct 2003 11:25 PDT

Hi, We have checked with the Library of Congress Copyright search and
as a starting point and suggests that the Copyright might have
expired. At the present time 5 items turn up as being protected under
law for Lynd Ward.. This one Curiously enough doesn't seem to be.  To
Hummer, thanks yes, we would love to hear your report and will wait
for that. I merely want to use material and perhaps imagery as the
basis for consideration for a play.

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Request for Question Clarification by hummer-ga on 20 Oct 2003 14:12 PDT

Hi finn4462,

In regards to the title not showing up on your search, works
*copyrighted* and published from 1950 are searchable at the US
copyright website but anything earlier is not (the US copyright office
mentions that records since 1978 are available on their search, but
other websites state 1950 and this latter seems to be more the case).
Prior to 1950, you've got to go to the print source, it's not
available online.

By any chance, are you in any way associated with an educational
institution?

How you plan to use the material is an important consideration. Will
you be reproducing the material or will you be using it in a totally
new and original way?

We'll give our contacts a day or two to get back to us and will either
post an answer for you after we hear from them (along with our
research), or failing that, we'll post our research along with
suggestions on what to do next.

Will look forward to hearing from you again,
hummer

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Clarification of Question by finn4462-ga on 20 Oct 2003 14:27 PDT

Hummer:  No I'm not associated with an Educational Institution but
yes, I would be using it in an entirely new way.  The before 1950
angle might be key but my understanding is that if it were nenewed it
would have renewed say around 1957 and would therefore be in evidence

thanks

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Request for Question Clarification by hummer-ga on 20 Oct 2003 16:08 PDT

Hi finn4462,

The details of copyright are very complicated - that's why there are
so many copyright lawyers!

This is our understanding:
The *renewal* records for works published from 1950 to the present are
searchable online - that is to say, the  records for  books that must
have been *renewed* in 1978 (the 28th year after the original 1950
copyright) in order to maintain a valid copyright. If a book was
originally copyrighted before 1950, then it had to have been renewed
(if it was renewed) before 1978 and would not show up in an on-line
search. Is that clear as mud?

hummer

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Request for Question Clarification by hummer-ga on 22 Oct 2003 06:50 PDT

Good morning, finn4462. Just a note to let you know we will post our
answer later today. Till then, hummer

Dear finn4462,

The short answer to your question "who owns the rights to a book
called "Gods' Man" a novel in woodcut by Lynd Ward/ 1929 American", is
that it is more than likely in the "public domain", but you will need
to do further research to be 100% certain.

"Gods' Man" was copyrighted in 1929 by Lynd Ward and we know of five
publishers who have been involved with it over the years:

1. NY: Jonathan Cape & Harrison Smith, Inc (©1929)
2. Cleveland: World Pub. Co. (©1966)
3. NY: St. Martin's Press (©1978)
4. Toronto: Eric S. Rosen Pub. (©1997)
5. NY: Dover Publications (©2004)

CONTACT DOVER PUBLICATIONS:
Most books that Dover Publications reprints are in the public domain
(but not all) and therefore we encourage you to get in touch with
Dover - we have already contacted them but have received no response
so far. They have to know the status of the book that they are
reprinting and with alittle luck, perhaps they'll let you know too:

Dover Publications
Customer Care Department
31 East 2nd Street
Mineola, NY 11501-3852

Gods' Man : A Novel in Woodcuts by Lynd Ward
Paperback: 160 pages
Publisher: Dover Pubns; (February 2004)
ISBN: 0486435008 

We also contacted St. Martin's Press and tried to contact Eric S.
Rosen, both without success yet. We'll keep you posted if we do hear
back from anyone.

We also encourage you to get in touch with Georgetown University
because the original wood blocks for "Gods' Man" are housed in their
collection.

GEORGETOWN UNIVERSITY Library - Library Associates Newsletter 53
winter 1999
"The library's collection of works by American printmaker and
illustrator Lynd Ward, already by far the strongest in any
institution, was recently further reinforced by a pair of splendid
gifts from the artist's daughters, Nanda Ward and Robin Ward Savage.
We already had the original engraved wood blocks for two of Ward's
pictorial narratives, Madman's Drum and Song Without Words. To these
have been added the blocks for Ward's first "novel in woodcuts", Gods'
Man, published in 1929."
http://www.library.georgetown.edu/associates/newsletter/53/ward53.htm

GEORGETOWN UNIVERSITY Library contact:
37th and N Streets, N.W., Washington, D.C., 20057 
ph (202) 687-7452
SPECIAL COLLECTIONS: 
5th floor, Lauinger Library 
ph (202) 687-7444. Fax: 202-687-7501
REFERENCE DEPARTMENT: 
3rd floor, Lauinger Library
ph (202) 687-7452 
http://www.library.georgetown.edu/resource/ref.htm

You would do well to try and find each publication and look at the
copyright pages of each - you may or may not find something useful but
it would be worthwhile to check.

RENEWAL:

Works published in the United States after 1922 and before 1964 are in
the public domain if the owner failed to file a renewal during the
28th year after first publication. Unlike copyright registrations or
assignments, renewal notices for works published before 1964 had to be
filed with the Copyright Office. If a work published after 1922 and
before 1964 was not renewed, it fell into the public domain. According
to Copyright Office surveys, the great majority of pre-1964 works were
never renewed and therefore are in the public domain.

WHEN WORKS PASS INTO THE PUBLIC DOMAIN:
For books published from 1923 - 1963:
"28 years + could be renewed for 47 years, now extended by 20 years
for a total renewal of 67 years. If not so renewed, now in public
domain."
http://www.unc.edu/~unclng/public-d.ht

GOOD NEWS at the CCE online: 
"Gods' Man" is not listed as being renewed in 1956, 1957, or 1958. 

CATALOG OF COPYRIGHT ENTRIES (CCE): 
Used to check original registrant & *renewal* (but NOT transfer of
title).

The Online Books Page: 
Information About The Catalog of Copyright Entries:
http://onlinebooks.library.upenn.edu/cce/

Copyright Renewals for 1956:
http://onlinebooks.library.upenn.edu/cce/1956r.html

Copyright Renewals for 1957:
http://onlinebooks.library.upenn.edu/cce/1957r.html

Copyright Renewals for 1958:
http://onlinebooks.library.upenn.edu/cce/1958r.html

In researching books, you should check not only the "Books" category,
but also the "periodicals" and "artwork" categories (the renewals for
artwork is not available online yet).

TRANSFERS AND RENEWAL OF ARTWORK:

Consult CCE at a library
Locate a Federal Depository Library
Contact / ask if they hold copy of CCE
http://www.gpoaccess.gov/libraries.html

RESEARCHING:

Library Digitization Projects and Copyright: 
The Intro plus Sections I, II, and V are good places to start.
http://www.llrx.com/features/digitization.htm

STANFORD UNIVERSITY Copyright Research Chapter 13:
http://fairuse.stanford.edu/Copyright_and_Fair_Use_Overview/chapter13/index.html

US COPYRIGHT OFFICE:
Circulars 1, 15, 15A, 22, 23 and 40A in particular.
http://www.copyright.gov/circs/

The US Copyright Office will do a search for you:
Fees:
http://www.copyright.gov/docs/fees.html
Tables:
http://www.copyright.gov/circs/circ1.html#fees


Additional Links:

CORNELL UNIVERSITY: Copyright law generally:
http://www.law.cornell.edu/background/amistad/copyright.html

Lynd Ward died in 1985: 1985 + 50 yrs = 2035:
http://www.bpib.com/lyndward.htm

GEORGETOWN UNIVERSITY Art Collection:
To learn more about Ward's wood engravings, refer to the brochure for
the 1986 memorial exhibition at Associated American Artists, New York,
entitled Lynd Ward: Wood Engravings 1929-1977; also the substantial
catalogue, Storyteller Without Words: the wood engravings of Lynd Ward
with text by the artist (New York: Abrams, 1974).
http://www.library.georgetown.edu/dept/speccoll/lynd_ward/index.htm

Ransom Center: WATCH File: Locating U.S. Copyright Holders:
http://auden.hrc.utexas.edu/watchfiles/locating.html

UNIVERSITY OF TEXAS - Crash Course in Copyright [by a lawyer]:
http://www.utsystem.edu/OGC/IntellectualProperty/permissn.htm

Sample Letter Requesting Permission:
http://www.utsystem.edu/OGC/IntellectualProperty/permmm.htm

Copyright website: copyright basics: public domain:
http://www.benedict.com/info/publicDomain/publicDomain.asp

UNIVERSITY OF PENNSYLVANIA OnLine Books page:
http://digital.library.upenn.edu/books/okbooks.html

UNIVERSITY OF PENNSYLVANIA Public Domains:
http://onlinebooks.library.upenn.edu/okbooks.html#whatpd

UNIVERSITY OF PENNSYLVANIA FAQ: "Copyright and Related Issues"
http://onlinebooks.library.upenn.edu/faq.html

The Public Domain: Publisher Beware by Lloyd L. Rich 
(attorney practicing intellectual property and publishing law)
http://www.bookzonepro.com/insights/articles/article-86.html

Permission: Locating Copyright Holders: 
http://www.copylaw.com/permission.html

BitLaw: 
http://www.bitlaw.com/copyright/index.html

RESEARCH AND LEGAL SERVICES DIRECTORIES:

A directory of Services & Suppliers for the publishing industry: 
 Select "Legal Services":
 http://www.bookzonepro.com/sources/ 

FindLaw: Intellectual property page:
 http://www.findlaw.com/01topics/23intellectprop/index.html

There are also non-legal research services available - here is one
example:
http://atthelibraryforyou.com/pubser.html

We think we took this as far as we can online without paying fees that
would cost far more than what we are getting for this question. 8-)
It's a subject of interest for us and we've learned alot while doing
the research. I hope we've been able to give you enough to go on - if
you have any questions, please post a clarification request before
rating my answer. Again, if we have any news, we'll be in touch.

Thank you - and good luck with your play,
hummer

Search Terms Used (often limited to .edu sites):

ward "gods' man"
ward "god's man"
"lynd ward"
copyright catalogue entries
copyright permissions
dover publisher
st. martins publisher
copyright office
"eric rosen"
copyright renewal
"public domain"
copyright research
"intellectual property"
copyright registration
"copyright law"
"copyright law" literature
etc. etc. etc.

thank you Hummer and Co. this was really great work and I am very happy.

Apparently this book by Lynd Ward (1905-1985) will be republished in
2004:

http://www.amazon.com/exec/obidos/tg/detail/-/0486435008/qid=1066631125/sr=8-1/ref=sr_8_1/102-8426235-3109733?v=glance&s=books&n=507846

Hummer : we await your response. .thank you.

Dear finn4462,

Thank you for your thank you and nice tip, we appreciate it. Good luck
with the rest of your search - we're confident it will end the way
you'd like it to.

Sincerely,
hummer and co.

Hummer,
I don't know how this works re: Google, but are you available for
research projects outside of google?

Hello finn4462,

I'm flattered and I appreciate the thought, but Google Answer
Researchers are not permitted to post personal contact information or
to solicit business for themselves through GA. The only option for
using a particular Google Answers Researcher is to post a question and
state "For xyz-ga Only" in the subject field.

Thanks again. If you get a chance, let me know how the "Gods' Man"
copyright turns out (or perhaps I'll read some rave reviews in the
newspaper about the play and I'll know all is well). Sincerely, hummer

Hi again finn4462,

Just a note to let you know we've received replies to our enquiries at
Georgetown University and of Mr. Rosen - both have given us leads to
follow up tomorrow (phone numbers, which I can't post on GA so we'll
have to call on your behalf). Rather than you making duplicate
enquiries of the same people, hold off contacting anybody a bit longer
and with a little luck, we'll have some news soon.  hummer

Hi finn4462 - here's today's update. 

Well, I'm afraid we were being a bit too optimistic - we've found out
that "Gods' Man" is *not* in the public domain - the rights are
controlled by the estate of Lynd Ward.

We also followed up on Georgetown University's suggestion and are
waiting for someone to return our call - hopefully they'll let us know
who you need to contact to pursue this further.

Sorry for the not-so-good news but we'll see what tomorrow brings...
...will let you know as soon as we hear anything and hope to have more
details at that time. hummer & co