Translating an out-of-copyright book Auteur du fil: ryanvandy
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I've heavily invested in a book that I believe to be out of copyright. It was originally published in 1957 and the author has been deceased for 46 years. Is it still necessary to search for relatives of the original author to request permission to pitch the book? What do I say to publishers who ask if I have the rights to the translation?
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As far as I am aware, the author needs to have been dead for 70 years for his or her works to be out of copyright.
The foreign rights will most likely need to be purchased from the publisher and the approval of executors obtained.
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This obviously depends rather heavily on what jurisdiction we're talking about. Every country has different rules.
To be honest, I'm not even sure what determines the jurisdiction: The nationality of the author, the country you're in or the country the book will be published in. Hopefully a lawyer will chime in and clear this up for you.
| | | | | A few further details | Feb 7, 2013 |
A few further details then:
The book was originally published in Honduras. It was translated into Chinese and German while the author was still alive. His wife is deceased as well but they have a living son who I assume is the executor.
Questions for anyone familiar with copyright issues:
Does copyright law change from country to country?
If he never copyrighted the book in the U.S., does the copyright from his original publication transfer ... See more A few further details then:
The book was originally published in Honduras. It was translated into Chinese and German while the author was still alive. His wife is deceased as well but they have a living son who I assume is the executor.
Questions for anyone familiar with copyright issues:
Does copyright law change from country to country?
If he never copyrighted the book in the U.S., does the copyright from his original publication transfer under U.S. copyright laws anyways?
How long after a book is published/author dies until the work is considered public domain in the U.S.? ▲ Collapse
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Samuel Murray 
Pays-Bas
Local time: 16:17
Membre (2006)
anglais vers afrikaans
+ ...
| My speculation, IANAL | Feb 7, 2013 |
ryanvandy wrote:
Does copyright law change from country to country?
Yes, each country has its own copyright laws. Many/most countries have joined the Berne Convention on copyright, which means that their copyright laws are broadly similar and they have rules about how to deal with copyrighted material from other countries. But even for those who joined the convention, the laws are often quite different. The *principles* are sometimes quite similar, though.
If he never copyrighted the book in the U.S., does the copyright from his original publication transfer under U.S. copyright laws anyways?
Look, US copyright law is a mess (just check out the Wikipedia page on it and try to keep your wits about you -- it's impossible). I'm sorry to say this, but you need to consult a lawyer.
If I understand correctly, if the book was published between 1923 and 1978 and was *not* registered for copyright, then the date of the death of the author is irrelevant, and the copyright term is determined by something else (but most likely you'd be out of luck). However, I can't figure out whether it matters for US copyright law whether a 1923-1976 book was published in the US or outside the US.
How long after a book is published/author dies until the work is considered public domain in the U.S.?
This depends on whether the book was published or not, and on when the book was published (before or after 1976), and on whether its copyright was registered or not.
[The book] was originally published in 1957 and the author has been deceased for 46 years. ...
The book was originally published in Honduras. It was translated into Chinese and German while the author was still alive. His wife is deceased as well but they have a living son who I assume is the executor.
Well, another question is: in which country are you? Because as far as I know, the copyright law that will apply to you would be the one of the country in which you are.
From your description, my guess would be that that book is not out-of-copyright yet. Many countries have recently raised the death date period from 50 years to 70 years (because for some odd reason they want to reduce the public's ability to access out-of-print published works, I think).
[Edited at 2013-02-07 16:30 GMT]
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First off, thank you for your responses. They have been thorough and helpful.
Mr. Murray asked which country I'd be publishing the book in, and the answer is the United States. If anyone else has any insight or experience translating older books in which the copyright was sketchy or the search for the current executor was difficult, please let me know.
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