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Archiver > APG > 2005-12 > 1133530494


From: "Linda Woodward Geiger" <>
Subject: RE: [APG] Copy Right Advise please
Date: Fri, 2 Dec 2005 08:34:54 -0500
In-Reply-To: <20051202011517.21155.qmail@web36102.mail.mud.yahoo.com>


Thanks to all who have responded to my plea about copyright information.

It appears that Ms. Pierce is not in violation. But I still hate it, since
MVHS has a lot of books to sell.

Linda

-----
Linda Woodward Geiger, CG, CGL
www.woodward-geiger.com
www.rigsalliance.org

Certified Genealogist (CG) and Certified Genealogical Lecturer (CGL) are
service marks of the Board for Certification of GenealogistsR, used under
license by professionals who pass periodic competency evaluations by the
Board.

-----Original Message-----
From: Katherine Flynn [mailto:]
Sent: Thursday, December 01, 2005 8:15 PM
To:
Subject: Re: [APG] Copy Right Advise please

Two links from the US Copyright Office that should be
useful:

http://www.copyright.gov/circs/circ1.html

http://www.copyright.gov/help/faq/

In the case you describe the work would be in the
public domain UNLESS the copyright was renewed (see
the website). The assessment of this is a legal issue
but I would expect this legal issue was answered when
your society did the reprint. I expect your society
was told that the work was in the public domain and
therefore you could reprint it and sell it with no
legal blocks. However this is very different from the
exclusivity.

IF the original work simply passed into the public
domain and then your society commissioned the reprint
it is ONLY the reprint version that is protected by
the more recent copyright.

Now there comes along another entity who publishes the
original in an electronic version and they are legally
entitled to do so if the above holds true. If they
had published YOUR recent version they would have
violated your copyright.

Another example is the novel "Our Nig" first published
in 1859 and rediscovered by Henry Louis Gates, Jr. in
1983. He published his own version because the work
was in the public domain. He added an introduction
and annotation of the content. However, just earlier
this year another set of academics published a new
version with their own introductions and analysis and
the results of new genealogical research on the
identity of the author, H.E. Wilson. They owe nothing
to Gates and Gates' version is now selling in
competition with the new version by another set of
editors and publisher.

Sincerely,
Kathy Flynn

--- Linda Woodward Geiger <>
wrote:

> Good morning,
>
>
>
> The Marble Valley Historical Society has reprint
> copies of Luke E. Tate's
> History of Pickens County [1935 reprint,
> Spartanburg, S.C., The Reprint
> Company, Publishers, 1987] for sale. This morning I
> found the entire book
> online with the copyright of " C 2005 - ALL Rights
> Reserved.
> http://www.gagenweb.org"; at
>
http://www.usgennet.org/usa/ga/county/fulton/library/pickenshistory/
>
>
>
>
>
> The entire book is reproduced in PDF format so it is
> free for the taking.
> Has the public domain copyright of 1929 increased
> to cover 1935? Well, not
> quite the entire book has been copied, the reverse
> side of the title page
> was either conveniently or inadvertently overlooked.
>
>
>
>
>
> I'm looking for advise regarding the possible action
> that the Historical
> Society might pursue.
>
>
>
> Thanks! Linda
>
>
>
> -----
> Linda Woodward Geiger, CG, CGL
> <http://www.woodward-geiger.com>;
> www.woodward-geiger.com
> <http://www.rigsalliance.org>; www.rigsalliance.org
>
>
>
> Certified Genealogist (CG) and Certified
> Genealogical Lecturer (CGL) are
> service marks of the Board for Certification of
> GenealogistsR, used under
> license by professionals who pass periodic
> competency evaluations by the
> Board.
>
>
>
>
>
> ==== APG Mailing List ====
> The Association of Professional Genealogists
> http://www.apgen.org/publications/apg-l/index.html
>
>


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