[LM_NET] Previously posted HIT: Use of out of print book

[Carrie Russell <crussell@ALAWASH.ORG>]

I'd like to add some comments to the responses Jeanne Macomber received
regarding her copyright question.   

1. The current term of copyright is life of the author plus 70 years.
For published corporate works and anonymous works the term is 95 years.

 
2. There are many books and other works that are not covered by
copyright that were written after 1923.  This is due to changes in the
law re: copyright registration and notice requirements.  See this tool
to determine when materials first published in the US fall into the
public domain
http://www.wo.ala.org/districtdispatch/?p=421

3.If a librarian or school went to court for copyright infringement
(VERY rare), statutory damages (which may not even be an option
depending on state sovereign immunity and other library related
protections) are $750 to $30,000 (not $100,000 - these higher numbers do
occur in 1201 - anti circumvention but that's another story). But if the
infringement is willful, the court could charge as high as $150,000
(Again this is so unlikely because of various reasons). 

Cheers!
Carrie Russell,  Copyright Specialist and
  Director, Program on Public Access to Information
ALA Washington Office
Office for Information Technology Policy

  -----------------------------

Date:    Thu, 2 Oct 2008 14:12:49 -0700
From:    Jeanne Macomber <jmacomber@BELLEVUECHRISTIAN.ORG>
Subject: HIT: Use of out of print book

Hi All,

I received three replies to my Target,  I've posted them below my
original = question. Interestingly, the "book" turned out to be a play
and the Copyrig= ht.com site listed below refered us to the proper
agency. Many thanks to Pa= tricia, Melanie and Jane for their help!
-Jeanne

------------------------------------------------------------------------
---=
---------------------

Target:

I have a teacher wanting to make multiple copies of an out of print
book, e= nough for his whole class. The book is "Sizwe Bansi is Dead" by
Athol Fugar= d and was originally published by Viking Press which is a
subsidiary of Pen= guin Group. Copyright is May 1976.The Penguin Group
referred me to the Will= iam Morris Agency, which I haven't had time to
contact. I wondered since th= e date is prior to 1981, does that mean
it's now in Public Domain? Any help=  in answering this teachers request
is much appreciated. - Jeanne
HIT:

1.  _ I believe that it is not in the public domain as long as the
author i= s still alive, and if he is dead, then his family has a right
to renew the = copyright



_2. Hi, And no.



The book is still copyrighted. Copyright is expired on books published
befo= re 1923. For a book published in 1976, copyright won't expire
until 75 year= s *after* the death of the author. Your teacher can't
make copies for the w= hole class without written permission from the
publisher, or by checking on=  copyright status through
www.Copyright.com<http://www.Copyright.com> (whic= h will tell you how
much it will cost for permission from the publisher).



Otherwise, the teacher (and potentially the school system) could be
facing = federal fines of up to $100,000 per copyright violation (which
could mean j= ust once for the source material or per each copy made).


3. I'm not positive, but my impression would be that if it's
copyrighted, i= t cannot be in the Public Domain. I think the duration
of the copyright for=  the item you mention is the life of the author
plus 95 years. Perhaps the = following website  and attached pamphlet
would be helpful.

http://www.copyrightextension.com/page01.html


Jeanne Macomber, Librarian
Bellevue Christian Jr/Sr High School
1601 98th Avenue NE
Clyde Hill, WA 98004
425-454-4028x124
jmacomber@bellevuechristian.org<mailto:jmacomber@bellevuechristian.org>

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