Hello paulfromwestwales~
Here's the rundown:
COPYRIGHT LAWS:
U.S. Copyright Law states that:
? For works with a secured copyright given before January 1, 1978, the
copyright protection lasted 28 years?unless a renewal is made. If
renewed, the copyright was extended another 28 years. If not renewed,
the work is now in the public domain (meaning anyone can use it). The
maximum copyright term under this old law was 56 years.
? After January 1, 1978, the law is similar, but with a major change:
The length of the renewal is 67 years. Under this new law, works can
be protected for a total of 95 years before going into public domain.
? Works copyright before 1950 and renewed before 1978 have now
automatically been given the longer copyright term.
For complete information on the old and new laws, check out ?Duration
of Copyright,? U.S. Copyright Office,
http://www.copyright.gov/circs/circ15a.html
U.K. Copyright Law states that, generally speaking, copyright
protection ends after 70 years from the end of the calendar year in
which the creator of the work dies, OR 25 years from the end of the
year in which the ?edition? was first published. The latter is
probably more applicable in your question.
RENEWALS:
So, it really is a little more complicated than one might think. To
find out if a certain work has had its copyright renewed, you can
request a search at the U.S. Copyright website:
http://www.copyright.gov/forms/search_estimate.html The fee is $75
per hour. Or, you can search the (not entirely complete) online
records at: http://www.copyright.gov/records/
For tips on finding U.K. copyright owners, see ?How Can I Find a
Copyright Owner or Rightsholder?? Intellectual Property:
http://www.intellectual-property.gov.uk/std/faq/copyright/find_owner.htm
ACCEPTABLE USE?:
All that said, I can tell you that many authors use old catalogs and
ads in books, without special permission. Publisher?s lawyers
generally tell them that this is acceptable, as long as the whole
catalog isn?t published, and as long as the goal is historical
documentation/education. However, as publishers tell their authors,
this is just a legal *opinion.*
REQUESTING PERMISSION:
In my experience, requests to reprint old catalogs and ads usually go
completely ignored. Publishers often tell authors to go ahead and
request permission in a letter, and if no reply is received within 6
months, consider the request granted. Again, this is very much a legal
*opinion.*
I doubt that manufacturers are going to reject a request to reprint
some of their old catalogs; it?s good publicity for them, after all,
and it?s unlikely they?re going to be using them. However, even if
they did, it is much better to find out *now* than *after* you have
published the material and become liable for stealing other?s work.
You permission letter can be very simple, or you can use a standard
form. Here is a classic permission form; should you decide to use a
letter instead, all the information here should be included, and there
should be a place to sign and date:
?The undersigned hereby grant permission to [your name], located at
[your address], and to [your name] successors and assigns, to use the
material specified in this permission form in the work titled [title
here?or website name here], to be published by [name here].
This permission is for the following material:
Nature of material: [describe the item you want to reproduce; for
example: pages 1-10 of the 1923 XYZ catalog; be sure to give an
accurate indication of page numbers, date, where the material was
originally published]
Source: [for example: advertisement from the June 1950 issue of Life Magazine]
This material may be used in [your website, your CD, whatever] and in
any future revisions and editions thereof, including nonexclusive
world rights in all languages.
It is understood that the grant of this permission shall in no way
restrict republication of the material by the Undersigned or other
authorized by the Undersigned.
If specified here, the material shall be accompanied on publication by
a copyright notice as follows: [allow space for them to include info
here] and a credit line as follows: [allow space for them here]
Other provisions, if any: [allow them space here]
If specified here, the requested rights are not controlled in their
entirely by the Undersigned and the following owners must be
contacted: [allow space here]
One copy of this permission form shall be returned to [your name] and
one copy shall be retained by the Undersigned.?
Then list a place for their authorizing signature and the date.
(Based upon the permission form found on p.78 of ?Business & Legal
Forms for Authors & Self-Publishers,? by Tad Crawford (1990, Allworth
Press)
MISCELLANEOUS:
The fact that the material was originally given away for free has no
bearing on whether or not the copyright holder may charge for use of
the material now. If the copyright is still intact (not slipped into
public domain), and they are the authentic copyright holder, it is for
them to decide what to do with the material.
Also bear in mind that advertisements are the property not of the
magazine they were published in, but of the organization advertising
(assuming the material is not in public domain).
Good luck!
Kriswrite
RESEARCH STRATEGY:
Researcher?s personal knowledge
Searches of the U.S. Copyright Office and www.intellectual-property.gov.uk |
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