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web-publishing question
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web-publishing question |
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Stephanos
since 2000-07-31
Posts 3618Statesboro, GA, USA 
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I am creating an inspirational poetry site, and want to post along with my own some poems by already published poets from other time periods (well known and already famous poets). Can you do this legally? Since you are giving the author credit isn't this okay? If not, how do people who publish anthologies etc... get permission to "republish" such works especially when the poet is already dead? I am reasoning that a corpse can't give permission or deny it. Is there an agency of some kind that gives license to do this? I just don't know. Enlighten me someone if you know. Thanks, Stephen. |
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| © Copyright 2001 Stephen Douglas Jones - All Rights Reserved | |||
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Allan Riverwood
since 2001-01-04
Posts 3502Winnipeg |
Yo Steve Sadly I have no advice for you, the only reason I read this was because I hit "today's topics" and you were the only active thread. I have seen many websites that include poems by different authors, I think that it's fine to do so long as you add the copywrights, isn't it? If there's something I'm missing here about your dilemma, then nevermind me.  But link me to this website when it's done.  See you around, man. ~Allan Build a man a fire, and he's warm for a day. Set a man on fire, and he'll be warm for the rest of his life. |
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Nan
Administrator
Member Seraphic
since 1999-05-20
Posts 21191Cape Cod Massachusetts USA |
Works are all copyrighted when they are posted or issued copyrights from the US Government. Permission from the author is necessary. You need to contact the individual authors before you use their work. If the copyright has expired - and I believe that's about 75 years later, then the works can be posted as long as proper credit is given to the author of the works... This is probably a condensed synopsis of the information you're looking for... But perhaps a start... |
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Ron
Administrator
Member Rara Avis
since 1999-05-19
Posts 8669Michigan, US |
Copyright is slippery when you're talking about extended periods of time. The reason for that is that the laws were "recently" changed (recently being about twenty years ago) and US authors were granted longer copyrights than they previously had. It also differs, to some extent, by country. Several months ago, I was contacted by a UK literary agent and asked to remove several works by an English author who died over 135 years ago, because those were still under copyright protection. The fact that an author has died certainly doesn't mean someone doesn't still own the copyrights. Their house and bank account didn't go up for grabs by JQ Public, and neither did their literary assets. Ownership passes to their Estate, typically their family, and it is from the Estate you should get permissions. |
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Stephanos
since 2000-07-31
Posts 3618Statesboro, GA, USA |
Ron, hmmm... what you say really throws me a curve. I am still wondering if all works by deceased authors have copyrights held by their "estates". Because the question remains, what of Anthologies? Do the publishers of all anthologies contact every family of every deceased poet they publish in their books? I have my doubts, but I could be wrong. If so, how tedious this would be! Almost an impossibility to have an anthology at all, due to the difficulties of finding the right paths of permission and weeding your way through the endless red tape. To simplify my question, CAN I publish works of poets of antiquity on my website, without having to go through 5 to 10 years of hunting permission rights? And if so how? Stephen. |
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jenni Member
since 1999-09-11
Posts 478Washington D.C. |
stephanos-- yes, the publishers of anthologies DO contact the owners of copyrighted works and get permission to republish the work in question. look at any poetry anthology in any bookstore and, either in the very front or very back, you'll see all the acknowledgements in little tiny type, such and such a poem "reprinted with the permission of ______". i happen to have right here the fourth edition of the norton anthology of poetry; there are 21 pages of permissions acknowledgements in the back of the book. it's not as impossible as it sounds. the publishing houses do it routinely. start with where the work was originally published, tell them what you'd like to do, and follow the trail where it leads. don't just assume that the author (or his estate and heirs), holds the copyright to the particular work in question; a lot of times the previous publisher does, it all depends on what rights the publisher acquired when the work was published. and it's also not uncommon for the previous publisher to have purchased the copyright from a well-known author's estate after his death. ya just never know. i'm sure it would be much harder for you than for the publishing houses that do this pretty regularly, but it's certainly not impossible. from what i've seen just cruising the internet, though, i suspect that alot of web publishers just decide in the end to stick with stuff in the public domain. but to answer your simplified question: you can do whatever you like with the works of poets in the public domain. with copyrighted works: you gotta get permission, even if it's a hassle. jenni [This message has been edited by jenni (edited 05-07-2001).] |
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Stephanos
since 2000-07-31
Posts 3618Statesboro, GA, USA |
Jenni, Is there any "easy" way to find out if a poem is public domain or copyrighted? Probably a dumb question... but a question nonetheless. Stephen. |
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jenni Member
since 1999-09-11
Posts 478Washington D.C. |
Stephanos– No, it’s not a dumb question at all. Copyrights have expired on all U.S. works registered or published prior to 1923. Any U.S. work published prior to 1923 is now in the public domain. Beyond that, it can get complicated, lol. As Ron was saying, there have been major revisions to US copyright law in the last 20 years or so. Copyright terms used to be 28 years from the time a work was published or registered with the copyright office (this is no longer the case). In the 28th year, the owner of the copyright could get a renewal for another 28 years. These days, works are given protection upon creation, for a period of the author’s life plus 70 years (with certain exceptions). Basically what it boils down to is this: Poems PUBLISHED prior to 1923: public domain. Poems PUBLISHED between 1923 and 1964: could be protected for 95 years from publication (until at least 2018), if their original 28-year term was renewed. If the old term lapsed without renewal, they’re public domain. The US Copyright Office will be able to tell you whether it lapsed. Poems PUBLISHED between 1964 and 1977: protected automatically for 95 years from publication (until at least 2059). Poems CREATED before 1978 but not published or registered before 1978: generally, author’s life plus 70 years.** Poems CREATED in 1978 or after: generally, author’s life plus 70 years.** **[Anonymous or pseudonymous works will have a term of 95 years from publication or 120 years from creation, whichever is shorter (unless the author's identity is revealed in Copyright Office records).] This is just rule-of-thumb stuff, but I think it’s a good guide. But: CAUTION! This is just U.S. stuff I’m talking about here, NOT works created and protected under foreign copyright laws, which may be (and usually are) different. So, watch out for those inspirational poems from Canada or the UK, lol. I really don’t know enough to say anything intelligent about foreign copyrights, sorry. Hope you find this helpful, Jenni [This message has been edited by jenni (edited 05-08-2001).] |
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Stephanos
since 2000-07-31
Posts 3618Statesboro, GA, USA |
Thanks Jenni, very helpful. Stephen |
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