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Poet deVine
Administrator
Member Seraphic
since 1999-05-26
Posts 22612
Hurricane Alley

0 posted 2001-05-26 01:54 PM


Would I be violating some copyright law if I posted an article from a 1923 newspaper?

© Copyright 2001 Poet deVine - All Rights Reserved
brian madden
Member Elite
since 2000-05-06
Posts 4374
ireland
1 posted 2001-05-26 02:34 PM


while I am not up on copyright laws as far as I know if the author has been dead for more than 30 yrs then there is no copyright restriction. THough I am basing this premise on sound and music files so it couyld be different. Interesting question though also would our signatures or using quotes from a book infringe on copyright law even if we do credit the author.

"you are what you own in this land, you can be king and it all depends on the view and what you can see"  Whipping boy

Acies
Deputy Moderator 1 Tour
Moderator
Member Rara Avis
since 2000-06-07
Posts 7665
Twilight Zone
2 posted 2001-05-29 02:36 PM


why don't you do footnotes or something to show you give credit to the original writer.

I'm so sorry for doubting you Kit ... please forgive me!!!!

jenni
Member
since 1999-09-11
Posts 478
Washington D.C.
3 posted 2001-05-29 06:47 PM


PdV--

is it from a U.S. newspaper?  if it is, it may still be protected.

i don't know the specifics of your situation, but here are a few general guidelines:

generally, anything published in the U.S. in 1923 originally had a copyright term of 28 years.  under old law, the term could be renewed for a further 28 years.  in the 1970s, and again in 1998, the U.S. copyright laws were overhauled, and the fallout is this: works that were in their renewal term on oct. 27, 1998 now have a copyright term of 95 years from the time the work was created.  

so, if the owner of the copyright on the article in question did, in fact, renew the copyright term back in 1951, then the article could still be protected (and would be until 2018).  if the owner of the copyright did not apply for renewal when the original term expired in 1951, then the work is now in the public domain.  

in your case, i'd keep in mind that the owner of the copyright on the article in question is not necessarily the author, it could well be the newspaper itself (if the article is a "work made for hire"); that may have some bearing here.

if the article is still protected, of course, you'd need permission to use it (assuming your use of the article would not fall under the doctrine of "fair use").  attribution of the original source, as acire is suggesting, is NOT enough.  

and note, i'm talking about U.S. stuff only here; if it's an article from a foreign newspaper you're talking about, that's a different game entirely.  

hope this is helpful.  

jenni

Poet deVine
Administrator
Member Seraphic
since 1999-05-26
Posts 22612
Hurricane Alley
4 posted 2001-05-29 08:06 PM


I posted the article in the English Forum..it's about the Best Similes in 1923!!

So there are various authors noted...if you get a chance please read it and let me know what you think. Thanks!

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