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(US) Samuelson Clinic - "Is it in the Public Domain?" Handbook
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Thank you for this link. Very interesting read :)
Christa wrote: "Relevant for those in the US:Press release at Berkely Law with links to handbook PDF and visual aids: http://www.law.berkeley.edu/17178.htm
I saw this earlier today and thought others might find..."
Excellent advice from Christa. When my novel was recently edited, all the song lyrics had to be removed for legal reasons, although I was able to retain song titles. It took some of the flavor out of the passages, but would have cost me a great deal of money in royalties.
Song lyrics are a problem, Alice. Same is true for poetry. When I wrote my dissertation, I had many quotes and many endnotes and a huge bibliography. When I had it published as a hardbound book, the editor suggested that I paraphrase many of the quotes, which I did. Tricky stuff.In China, of course, some of this is quite different. Knowing this, when I wrote an article for an anthology about writing, I only quoted myself and mentioned my own works. Egotistical but safer.
Today I try to write only fiction.
Alice wrote: "Christa wrote: "Relevant for those in the US:Press release at Berkely Law with links to handbook PDF and visual aids: http://www.law.berkeley.edu/17178.htm
I saw this earlier today and thought o..."
Charles,
Sounds as though you made the best decision.
Written as a person who prefers and tries to write fiction!
Press release at Berkely Law with links to handbook PDF and visual aids: http://www.law.berkeley.edu/17178.htm
I saw this earlier today and thought others might find it of interest, primarily those US authors who are concerned about / interested in using illustrations, quotes and so one from works that may be in the Public Domain. (Related note - Be very careful when interpreting Fair Use with regard to quotes, and note that there is essentially no such thing as Fair Use when it comes to song lyrics still under copyright.)
This is not a document of legal advice, and won't tell you with 100% certainty, as US copyright law has had so many changes over the relevant period that there seem to be exceptions to nearly everything. It's more a guide so that you can sort things into "possibly yes" and "possibly no". Some items will still require independent verification. Further, items that are in the PD in the US might not be in other countries, and this could restrict your ability to sell your work in those countries.
Even if you are trade published, having / getting clearances and permissions (or determining if they are needed) may still be your responsibility, depending on your contract. If you have yet to shop your work, it's especially important to know the status of everything you use, even if that means hiring an attorney who specializes in these things to do a content review.