I have about 10 old books written about meditation and diet written by
a Buddhist scholar in India between 1855 and 1910. He himself
published all books in his life, and after his death, four different
groups of his followers published his collection, including his next
three generations in family. They published these books at different
times in various countries including USA and UK and they still do
that. Two of these groups claim to have copyrights of these books, one
of which is his family, although they operate as "not for profit". Now
these books are in Tibetan language and only portions of them have
been translated.

I plan to do a translation of all of this collection but these groups
claim and enforce their copyright and either don't give permission or
seek money for any kind of work I plan to do on the books. I am doing
it on "not for profit" basis and plan to make it available online.

My question is that, is it possible that a work like this old still
protected by copyright laws? As the original work was in India, what
is its copyright status in other countries especially USA and UK? Can
these people extend and take over copyright by just publishing the
books after author's death? How can I find out which group rightfully
has copyright of the books?

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Clarification of Question by susanp-ga on 16 Aug 2005 02:39 PDT

Just a clarification, the author died in 1910. He never travelled
anywhere outside of India.

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Request for Question Clarification by pafalafa-ga on 16 Aug 2005 04:39 PDT

Susan,

In all likeliehood, the original works are copyright-free at this
point, especially if you are quite sure that the works were actually
published during the author's lifetime.

However, it wasn't clear from you question whether you would be
working off originally-published (pre-1910) texts, or from books
published at a later date.  If the latter, then these books MAY
contain some copyright-protected materials, if, for instance, they
contain annotations to the original text.

Be aware, though, that even if the law (for the US, UK and India) is
on your side on this matter, someone who feels their copyright has
been infringed can still bring a complaint against you and take the
matter to court.  You may win in the end, but it can be a miserable
and costly process in the mean time.  It may be worth your while to
try to come to an understanding with the groups involved before
undertaking your work.

Beyond this, it is not possible to provide a detailed analysis of US,
UK and Indian copyright law in the scope of a $20 question.  The rule
of thumb, though, is that -- if more than 70 years have passed since
the death of the author -- the materials are copyright-free.

I can point you to sites for US, UK and Indian copyright law that
discuss how long copyright lasts, in general.  Please be aware,
however, that these are complex areas of the law and -- rules of thumb
notwithstanding -- there are sometimes exceptions.

Let me know what else you need to make for a complete answer to your
question, and I'll see if I can get it for you.

All the best,

pafalafa-ga

Hi susanp,

You are free to translate the text of the original editions, no
problem. Even the original text in subsequent editions are free to
use, only additions (such as a new introduction, glossary, or
illustrations) in the new publication may still be under copyright.

1) My question is that, is it possible that a work like this old still
protected by copyright laws?

No, the original text is in the public domain and free to use. Even if
a new edition has been published, it doesn't extend the copyright of
the original.

2) As the original work was in India, what is its copyright status in
other countries especially USA and UK?

Even if the original editions had been published elsewhere, they would
still be in the public domain.

USA:  Anything copyrighted prior to 1923 is in the public domain.
UK:   Copyright in a literary work lasts until 70 years after the
death of the author.

You'll find links to many countries here:
http://digital.library.upenn.edu/books/okbooks.html

3) Can these people extend and take over copyright by just publishing
the books after author's death?

No, not without permission from the author's estate, for sixty years
after his death.  After sixty years, it's free to use.

4) How can I find out which group rightfully has copyright of the books?

They may have rights over any new material they've added, but not the
original text. If you have a newer edition, look closely at the
copyright page. Any new material, such as illustrations, will state
the new copyright for that material.

"In the Indian law, copyright falls into 'public domain' 60 years
after the death of the author. This means the author during his
lifetime, and his successors for 60 years after his death can enjoy
the benefit of income from the writings of the deceased author. But
after that the public has to enjoy freely those writings. Now in the
case of India, we have a great reservoir of valuable literature handed
down to us from ancient times which is freely available. Any
publisher, and in actual practice, many publishers, publish those
classics for the benefit of the people."
http://www.accu.or.jp/appreb/report/abd/31-2/abd3121.html

The Copyright Act, 1957
Chapter V
TERMS OF COPYRIGHT
22. "Term of copyright in published literary, dramatic, musical and
artistic works. -- Except as otherwise hereinafter provided, copyright
shall subsist in any literary, dramatic, musical or artistic work
(other than a photograph) published within the lifetime of the author
until sixty years from the beginning of the calendar year next
following the year in which the author dies."
http://www.naukri.com/lls/copyright/cpwrt.htm

What about reprints of public domain works? Can I work from those, or
do they get a new copyright?
"A simple reprint of a book, without any creative additions or
changes, does not get a new copyright of its own-- at least not in the
United States. (Some other countries may have a limited "facsimile"
right-- check local laws for details.) However, some reprints have
been re-edited, or include new material, which may be eligible for a
new copyright. If you'd like to transcribe or scan a reprint edition,
first check the copyright page to see if any new copyrights are
claimed. In some cases, reprints only copyright the foreword, or the
notes, or new illustrations-- in which case you can just omit those in
your transcription. Even if a new edition is copyrightable, issuing a
new edition does not in any way lengthen or restore the copyright of
older editions.
Note that some people prefer to transcribe from older editions, even
if reprint editions are also in the public domain. This may be because
the older editions have a more accurate text, or because they want to
include the unique details of the older editions (such as the
pagination, or the title pages) in their transcription. "
http://digital.library.upenn.edu/books/okbooks.html


I hope I've been able to clear this up for you. If you have any
questions, please post a clarification request and wait for me to
respond before closing/rating my answer.

Thank you,
hummer

Google Search Terms Used: india copyright laws books

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Request for Answer Clarification by susanp-ga on 16 Aug 2005 15:06 PDT

I don't have access to original published books before 1910 so I'll be
using later editions. The new additions come in 4 volumes and each
volume has its preface and new index, new headers on each page etc.
But the text of original work is same, except I can't confirm because
I can't compare with originally published books. There are 2 more
books authrored by this scholar, other than 10 I mentioned, which were
not published in his life but later on published by author's daughter
in 1916 and 1922. How are two or more parties are claiming the
copyright but there's no legal action ever been taken against anyone?
Can this be that no one has the copyright?

PS: I wanted to double the price for the answer and split between two
of you but I can't figure how to do that. But I appreciate help from
both of you and would like to reward what I can afford at this time.
Thanks

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Clarification of Answer by hummer-ga on 16 Aug 2005 17:51 PDT

Hi susanp,

Look closely at the copyright page (the back of the title page). Is
the original author cited? Something like "Copyright © 1910 by John
Doe". If so, then the text is in the public domain.

In regards to the books published posthumously in India, the copyright
covers the sixty years from the date they were first published, so,
you are ok with them also.

Term of copyright in posthumous work. --
   "1. In the case of a literary, dramatic or musical work or an
engraving, in which copyright subsists at the date of the death of the
author, in the case of any such work of joint authorship, at or
immediately before the date of the death of the author who dies last,
but which, or any adaptation of which, has not been published before
that date, copyright shall subsist until sixty years from the
beginning of the calendar year next following the year in which the
work is first published or, where an adaptation of the work is
published in any earlier year, from the beginning of the calendar year
next following that year."
http://www.naukri.com/lls/copyright/section5.htm#24

All of the books that you have mentioned, published prior to 1923,
whether published in India or the United States, are in the public
domain. Once a book enters the public domain, it does not leave it.
Only new material in the new editions may be under copyright. So to
answer your question, you are correct. Given the information that
you've given me, noone can lay claim to any of the original text and
so it seems reasonable to think that that is why no legal actions have
been taken. Again, look carefully at the copyright page to determine
exactly what you have in-hand.

It's nice of you to try and split the price between two researchers,
but unfortunately only the researcher who posts the answer receives
the funds. If you would like to pay pafalafa, post a new "question"
(just "thanks for your help" would be fine) with "For pafalafa-ga" in
the subject line and he will find it.

Please let me know if you have any other questions.
hummer

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Clarification of Answer by hummer-ga on 17 Aug 2005 05:12 PDT

Dear susanp,

Thank you for your nice note, rating, and tip, I appreciate them all. 

Following is a hand book which should answer most of your questions. Most notably:

1) Telephone number of the Copyright Office
2) "groundless threat to legal proceedings"

A HAND BOOK OF COPYRIGHT LAW
http://www.education.nic.in/htmlweb/copyright.htm

What is the procedure for registration of a work under the Copyright Act,1957?
"The Copyright Office has been set up to provide registration
facilities to all types of works and is headed by a Registrar of
Copyrights and is located at B.2/W.3, C.R. Barracks, Kasturba Gandhi
Marg, New Delhi- 110 003, Tel: 338 4387"

What is the proof of the authorship of a work?
"Where, in the case of a literary, dramatic, musical or artistic work,
a name purporting to be that of the author or the publisher appears on
copies of the work as published, or, in the case of an artistic work
appeared on the work where it was made, the person whose name so
appears or appeared shall, in any proceeding in respect of copyright
in such work, be presumed, unless the contrary is proved, to be the
author or the publisher of the work, as the case may be."

What are the remedies in the case of groundless threat to legal proceedings?
"Where any person claiming to be the owner of copyright in any work,
by circulars, advertisements or otherwise, threatens any other person
with any legal proceedings or liability in respect of an alleged
infringement of copyright, any person aggrieved thereby may institute
a declaratory suit that the alleged infringement to which the threats
related was not in fact an infringement of any legal rights of the
person making such threats and may in any such suit -
   1. obtain an injunction against the continuance of such threats; and
   2. recover such damages, if any, as he has sustained by reason of such threats."

The best thing to do would be to call the Copyright Office and enquire
about the books.  If you do and if you get a chance, I would be
interested to hear what they have to say.

Thanks again and good luck with your project!
Sincerely,
hummer

Hummer,

I checked the books I have and none of them has any kind of copyright
information on it. These are editions printed over time. I assume
there will not be any copyright info on original print too. May be
copyright was not a big issue in India around that time. But all books
have their publishing dates, so you can tell when each one of them was
originally printed. Thank you for your help.