Copyright rules / Bardon books 'still available'

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Everyone,

Here are some copyright rules from the Gutenberg project webpage.
It looks as though we have to wait a few more years before Bardons 
material becomes public domain.

In saying that though it still should not stop anyone who is in need 
of the material from obtaining it simply because they cannot afford 
it or it is not available to them.

So instead of 'looking' for a copy simply ask and I am sure you will 
find someone obliging to forward you a copy.

Rawn, you might want to put a small note in the files section about 
this, if new people join the list and do not know where to obtain the 
material this would help. Although not being a lawyer I don't know 
whether that would be an infringement also.

Anyway, as I said people only have to ask and I am sure, positive, 
damn well 150% certain! that someone will be forthcoming with the 
material....;)

Kind Regards,

Scott.



United States Public Domain and Copyright Rules

1. Works first published before January 1, 1923 with proper copyright 
notice entered the public domain no later than 75 years from the date 
copyright was first secured. Hence, all works whose copyrights were 
secured before 1923 are now in the public domain. 

(This is the rule Project Gutenberg uses most often) 

Works published from 1923-1977 retain copyright for 95 years. No such 
works will enter the public domain until 2019. 

2. Works first created on or after January 1, 1978 enter the public 
domain 70 years after the death of the author if the author is a 
natural person. 

(Nothing will enter the public domain under this rule until at least 
January 1, 2049.) 

3. Works first created on or after January 1, 1978 which are created 
by a corporate author enter the public domain 95 years after 
publication or 120 years after creation whichever occurs first. 

(Nothing will enter the public domain under this rule until at least 
January 1, 2074.) 

4. Works created before January 1, 1978 but not published before that 
date are copyrighted under rules 2 and 3 above, except that in no 
case will the copyright on a work not published prior to January 1, 
1978 expire before December 31, 2002. If the work is published before 
December 31, 2002, its copyright will not expire before December 31, 
2047. 

(This rule copyrights a lot of manuscripts that we would otherwise 
think of as public domain because of their age.) 

5. If a substantial number of copies were printed and distributed in 
the U.S. prior to March 1, 1989 without a copyright notice, and the 
work is of entirely American authorship, or was first published in 
the United States, the work is in the public domain in the U.S. 

6. (This rule is complicated, and is seldom applied). Works published 
before 1964 needed to have their copyrights renewed in their 28th 
year, or they'd enter into the public domain. Some books originally 
published outside of the US by non-Americans are exempt from this 
requirement, under GATT. Works from before 1964 were automatically 
renewed if ALL of these apply: 

At least one author was a citizen or resident of a foreign country 
(outside the US) that's a party to the applicable copyright 
agreements. (Almost all countries are parties to these agreements.) 
The work was still under copyright in at least one author's "home 
country" at the time the GATT copyright agreement went into effect 
for that country (January 1, 1996 for most countries). 
The work was first published abroad, and not published in the United 
States until at least 30 days after its first publication abroad. 
If you can prove that one of the above does not apply, AND if you can 
prove that copyright was not renewed, then the work is in the public 
domain. 

To prove an item was not renewed, you need to do an extensive search 
of renewals in Library of Congress records (or you could get a letter 
from the author or publisher attesting that there was no renewal). 

Please read the document about copyright renewal online at: 
http://onlinebooks.library.upenn.edu/renewals.html before attempting 
to prove public domain status of a work published between 1923-1963. 
We have a separate "Rule 6 HOW-TO" for working under "Rule 6". 

Caveat: Each edition of a work may have its own period of copyright 
protection (this depends on whether the new edition 
involves "authorship" or simply corrects punctuation). Every 
translation has independent copyright protection. A new edition does 
not extend the protection of the original edition. 

Public Domain and Copyright Rules for the United Kingdom and many 
other countries.
The general rule is life of the author plus 70 years (previously life 
plus 50 years, but globalization of copyright laws and pressure from 
content owners has changed this in most countries). No other major 
country has required copyright notice, and placed works without 
notice in the public domain. Rules on corporate authors differ. 

Whose law applies?
When we distribute in the United States, U.S. law applies. When we 
distribute to other countries, their law applies. That is why Peter 
Pan is marked for US distribution only. It is public domain in the 
U.S. but not in the U.K. 

What changes have taken place in the term of copyright protection in 
the United States?
Under the 1909 Copyright Act, the original term lasted 28 years (not 
26). It was renewable for an extra 28 years, for a total of 56 years. 
Until 1992, the work would enter the public domain if renewal was not 
filed in a timely manner. However, even with diligent research, it is 
very difficult to determine with assurance that renewal was not 
filed. 
In the mid 1950's Congress started working on a major revision of the 
copyright act, but by 1960 it was clear that this would not be a 
short process. By 1962, everything published before 1906 was in the 
public domain. It was clear that the new act would grant existing 
works a total term of 75 years. To prevent these works from losing 
out on the 75 year extension while Congress worked out all the other 
details of the new act, Congress started passing extension acts in 
1962. Such extensions prevented copyright expirations before the 
passage of the 1976 Copyright Act, with the result that all 
copyrights in existence in 1962 were extended to at least 1976 when 
the 75-year term kicked in. 

Effective in 1998, after works first published in 1922 had passed 
into the public domain, the copyright term was extended for all works 
as to which copyright protection had not yet expired. For works 
published in 1923, and thereafter (provided they were renewed, or 
were exempt from renewal requirements). Thus, the effective term will 
be 95 years. 

The rules on public speeches, musical performances, and other works 
not originally fixed in a tangible medium of expression are 
confusing, and require a determination based on the facts of the 
individual instance. 

Rule of Thumb: Published before 1923 or published at least 75 years 
ago in the U.S. OR published 50 years after the author's death in 
some countries, 70 years after death in others.