SPECIAL REPORT

How To Obtain Valuable Content For eBooks Without Creating It Yourself

DISCLAIMER/WARNING/NOTICE: I am not an attorney and am not providing legal advice in the following report. A competent attorney of your choice should be consulted when investigating copyrights. The following is entirely a layman's opinion - mine - only. For a very good layman's reference on publishing law and copyrights see Kirch's Handbook of Publishing Law by Jonathon Kirsch (Acrobat Books, Los Angeles ISBN 0-918226-33-3), which was the primary source for my understanding of copyright expirations detailed below.

What This Report Can Do For You

If you have ever written an article or a book or you're an entrepreneur who requires information from a variety of sources to develop content you'll appreciate this quick guide to certified copyright searches.

In 1979 I started my first publishing business. At the time, I had an intense interest in antiquarian books as a collector and a dealer. Whenever I discovered a book I wanted to add to my collection, I would also try to locate a much, much less valuable copy I could use for general reading.

I looked often without success. Many of the books I was purchasing were extremely rare and out-of-print (OP). The Internet wasn't exactly a household word and searching for used copies was very time consuming.

Occasionally I would have success and find a used copy for reading. Sometimes it would takes years of looking through used and OP book dealer catalogs to find what I wanted.

In 1996 I started using the Internet to find books I was interested in reading and collecting. But I still had the problem of securing 'reading copies' of the rare books I was accumulating on the 'net. True, I found copies faster -but for the very rare, I found no copies at all…which gave me an idea.

One book was so rare that it popped up in dealers catalogs about once every ten years. But, unlike most antiquarian and collectible books, this one had a subject matter that was relevant today and would be eagerly sought after by advertising and marketing practitioners.

So I decided to take my second plunge into the world of publishing and reprint the book and sell it. The problem, of course, was how do I secure the copyrights?

After weeks of research I discovered that the work was now in the 'public domain' and I could freely publish it without restriction. I could use all of it or parts of it. I could change the title, rework some of the text, add graphics, etc. I thought I had died and gone to publishing heaven.

And you can too- if you find a work, in it's original copyrighted state, that you believe has market potential. I say "original copyrighted state" because there have been a number of excellent works that went into the public domain and then 'edited and revised' to bring it up to date.

A copyright on the revision of a public domain work grants the person or publishing house with full copyright protection on those revisions. And if you don't have a copy of the original text, you won't know what those revisions are and, if published, infringe on some else's copyright.

Guide to Determining Works In The "Public Domain"
I had heard about certain literary works being in the 'public domain'…and if they were they could be published without infringing on the rights of anyone else.

Public domain is one of those elusive catch-all words that really doesn't explain a thing…as you'll see. Some people I consulted with said anything published 75 years or more ago is automatically in the public domain. As I discovered that is not true.

The question is, "How long does a copyright last?"

Believe me, that's not an easy question to answer. But I will give you some general guidance here and then try to summarize what it means to you in practical terms.

Works published prior to January 1, 1978 are governed by the Copyright Act of 1909. Under the 1909 copyright law, a copyrighted work was protected for two consecutive terms of 28 years each-but (and this is a key "but") the copyright was extended into the second 28 year term of protection ONLY IF it was duly and timely renewed prior to the expiration of the first term by filing a renewal application in the Copyright Office.

Therefore the total period of copyright protection, under the 1909 Act, was either 28 years or 56 years from the year of publication. The way to determine the expiration was to search the Copyright Office for the renewal filing.

But, that's not all I found.

Under the Copyright Act of 1976 (which took effect in 1978) the second 'term' of 28 years was extended to 47 years!

If you are researching a work today that was published in 1910 and it was officially renewed in 1937 (prior to the end of the first "28 year" term of protection) the copyright would last 75 years after the date of publication (28 year first term + a 47 year second term).

If the same work was NOT RENEWED prior to the expiration of the first 28 year term of protection the copyright protection would have expired in 1938, 28 years from the date of publication.

So the maximum protection under the Copyright Act of 1976 granted protection for a maximum of 75 years. But the copyright protection could have expired much, much sooner if it was never renewed.

Then in 1992 Congress passed the Copyright Renewal Act. The Act basically eliminated the need for the filing of a renewal application. So, any work which was first published between January 1, 1964 and December 31, 1977 (The day prior to the effective date of the Copyright Act of 1976) would be automatically renewed for an additional 47 years without the filing of a renewal application.

Confused yet? Stick with me, it gets worse. But then I'll make it better, I promise.

So, we have this kind of 'limbo' period between 1/1/1964 and 12/31/1977 when the 'second' term of copyright protection was extended to 47 years from 28
years. Prior to 1/1/1964 a renewal application was required to continue the copyright protection- after this date the second term of 47 years was automatically granted from the date of publication.

Then we have works created after 1/1/1978 when the Copyright Act of 1976 went into effect. It's a whole different ball game because the copyright protection of a work is no longer governed by a fixed number of years as it was in the past.

Copyright protection is determined under the Act of 1976 by "the life of the author plus 50 years". In other words, protection is automatically granted 50 years after the death of the author (this only applies to a "Natural" person who is the author and not a corporation or other entity).

In the case of a 'jointly authored work' the death of the last surviving author is the benchmark for copyright protection.

Let's summarize what may constitute the expiration of copyright protection:

1. Any work published before 1/1/1964 will have copyright protection for 28 years plus an additional 47 years (75 years total) but ONLY IF a renewal was filed. If a renewal was NOT filed, the copyright protection expired 28 years from the date of publication.

2. Any work first published after 1/1/1964 up to 1/1/1978 will not expire before 75 years or on 12/31/2038. In other words the second term of 47 years is automatically added to the first term of 28 years without a renewal filing. This is the 'limbo' period of copyright protection I mentioned earlier.

3. Any work first published after 1/1/1978 will be protected for the life of the author plus 50 years.

As you can see it's the filing of the renewal application that is all important to us-and if it was filed or not. And that's exactly what you need to determine if a copyright has expired. And the only way to determine if a renewal application was filed is by getting a copyright search report.

Copyright searches are done by specialty firms, publishers and attorney's in copyright issues but, a little known secret is that you can go directly to the Copyright Office and request a copyright search.

If you are not located near the Copyright Office you can follow the instructions below, order your searches by phone and mail and have your Certified Copyright Search report sent directly to your private residence or office! In addition it will cost you less than 75% of what most copyright search firms and attorney's charge and you have it days sooner.

How You Get The Content Certified

Upon request, the Copyright Office staff will search its records at the statutory rate of $20 for each hour or fraction of an hour consumed. The good news, if you give the staff enough information about the work you want researched it shouldn't cost you more than $20! Certified reports cost just an additional $20.

The first step in getting the work you certified is putting together as much information as possible about the work.

The more detailed information you can furnish with your request, the less time-consuming and expensive the search will be. Provide as much of the following information as possible:

v The title of the work, with any possible variants;
v The names of the authors, including possible pseudonyms;
v The name of the probable copyright owner, which may be the publisher or producer;
v The approximate year when the work was published or registered
v The type of work involved (book, play, musical composition, sound recording, photograph, etc.);
v For a work originally published as a part of a periodical or collection, the title of that publication and any other information, such as the volume or issue number, to help identify it;
v Motion pictures are often based on other works such as books or serialized contributions to periodicals or other composite works. If you desire a search for an underlying work or for music from a motion picture, you must specifically request such a search. You must also identify the underlying works and music and furnish the specific titles, authors, and approximate dates of these works and;
v The ISBN, LOC registration number or any other copyright data.

Step number two is to call the desk of the CO research department at: (202) 707-6850. You will be connected to one of the CO's research specialists.

Tell them you would like a copyright search performed on a work and would like an estimate of the cost. They will ask you what information you have about the work (as mentioned above). They won't want specifics, just if you know the Title, Author, etc. The more information you can give them the better. Be sure to tell them you want a written report. If not, they will assume you want a verbal or oral report and arrange time for you to call back and get the verbal report. Also make sure to tell them you want a certified written copy of the search.

Certified searches are most frequently requested to meet the evidentiary requirements of litigation. But, you must ask for this. Copyright searches are not automatically 'certified' even if completed by the CO staff.

The Copyright Office staff will also search its indexes covering the records of assignments and other recorded documents concerning ownership of copyrights for the standard hourly fee. The reports of searches in these cases will state the facts shown in the Office's indexes of the recorded documents, but won't offer an interpretation of the content of the documents or their legal ramifications.

Based on the information you furnish, the staff will provide an estimate of the total search fee. Having this information ready will greatly reduce the time spent by the CO staff. You can decide at this time to let the CO staff complete the search or to relinquish.

If for some reason the search takes longer than estimated they will let you know and you can send additional fund while they continue their search. If it takes less time than estimated, they will send a partial refund of the estimated amount back to you (although in 72 searches I've completed to date, no report ever took less time than estimated).

If you decide to have the Office staff conduct the search, you should send the estimated amount with a letter (see example below) restating the request to:

Reference and Bibliography Section, LM-451
Copyright Office Library of Congress
Washington, D.C. 20559

The Office will then proceed with the search.

When the search is completed (usually within 4-6 weeks) they will send you a typewritten report (plus certified, if that's what you requested) or, if you prefer, an oral report by telephone.

If you request an oral report, you need to provide a telephone number where you can be reached during normal business hours (8:30 a.m. - 5 p.m. Eastern time) by the CO staff.

When you receive the written report you will want to read it carefully and look for the words, "No renewal found" (see example at end of this report). This will give a good clue that the work is now in the public domain. Of course, there is no complete assurance that someone won't come forward, after recognizing you have republished the work, and demand royalties or other compensation, or cessation of publication. Usually it is the family of the original author of the work who will object. Having the written certified copyright search will help you establish that protection has expired, but will not automatically guarantee it.

If you are ever uncertain of the results of the search results you receive or need help dealing with anyone claiming rights to a work you are publishing always seek the advice of a competent attorney specializing in copyright issues.

Some Other Items You Might Consider In Your Request

You may also request additional certificates, photocopies of deposits, or copies of Copyright Office records. Additional fees for these services will apply.

Well, there you have it. Quick and easy certified copyright searches from your desk. Nothing could easier or quicker or less expensive.

One Last Bit of Advice That Could Save You Time and Money
In some instances the CO staff will be extremely busy and not get to the writing of your report within the 4-6 weeks mentioned. In one case I needed to move on a publishing project that included major portions of the work being researched and I had not received the report yet. I called the copyright office and asked them for an update.

The CO staff was very gracious and a research specialist got back to me the same day with an oral report at no extra charge. I got the information I needed to move the project forward and received the written report several weeks later in the mail.


A Request Letter Example:



YOUR NAME
Your Street Address
City, State Zip
Tel (315) XXX-XXXX
Date

Reference and Bibliography Section
Copyright Office
Library of Congress
Washington, D.C. 20559

Dear Madam or Sir:

I spoke to a research specialist today who quoted me an estimate of $40.00 to investigate the copyright status of two books. I would like a written certified report of the results of your search. I am enclosing an additional $20 for a certification of the report. Total enclosed $60 (check).

The works are:

TITLE #1: Thought Transference
SUB-TITLE: or Radio-Activity of the Human Mind
AUTHOR: Edmund Shaftesbury
PUB DATE: 1926
PUBLISHER: Ralston University Press, Meriden, Conn.

TITLE #2: The Great Psychic
SUB-TITLE: The Master Mind of The Universe
AUTHOR: Edmund Shaftesbury
PUB DATE: 1925
PUBLISHER: Ralston University Press, Meriden, Conn.

To assist you in your search: I believe that "Edmund Shaftesbury" is the pseudonym of Webster Edgerly, but I can't be absolutely sure of this. If you have any questions regarding this search please call me at 315.733.XXXX.

Please forward the completed certified written report to:

Your Name
29292 Any Street
Anytown, NY 13559-6504

Thank you for your assistance in this matter.

Sincerely,


Entire Contents © Copyright 2001 by David Vallieres. All rights reserved.