General Interest

Copyright - poems

Hello

I am trying to publish a book of my photos. But i put there around 10 poems by famous poets such as  Walt Whitman and  Carl Sandburg. some of them are more than 50 words. Would i be covered by fair use doctrine in this case?

Thank you very much in advance for your help!

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Posted by
che-burashka
Mar 11, 2009 10:46am PDT
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che-burashka
 

Here is a copy of copyright information – but to be honest with you I’m confused on the same point even with this information.

How Long Copyright Protection Endures

<h3>Works Originally Created on or after January 1, 1978</h3>

A work that was created (fixed in tangible form for the first time) on or after January 1, 1978, is automatically protected from the moment of its creation and is ordinarily given a term enduring for the author’s life plus an additional 70 years after the author’s death. In the case of “a joint work prepared by two or more authors who did not work for hire,” the term lasts for 70 years after the last surviving author’s death. For works made for hire, and for anonymous and pseudonymous works (unless the author’s identity is revealed in Copyright Office records), the duration of copyright will be 95 years from publication or 120 years from creation, whichever is shorter.

<h3>Works Originally Created before January 1, 1978, But Not Published or Registered by That Date</h3>

These works have been automatically brought under the statute and are now given federal copyright protection. The duration of copyright in these works is generally computed in the same way as for works created on or after January 1, 1978: the life-plus-70 or 95/120-year terms apply to them as well. The law provides that in no case would the term of copyright for works in this category expire before December 31, 2002, and for works published on or before December 31, 2002, the term of copyright will not expire before December 31, 2047.

<h3>Works Originally Created and Published or Registered before January 1, 1978</h3>

Under the law in effect before 1978, copyright was secured either on the date a work was published with a copyright notice or on the date of registration if the work was registered in unpublished form. In either case, the copyright endured for a first term of 28 years from the date it was secured. During the last (28th) year of the first term, the copyright was eligible for renewal. The Copyright Act of 1976 extended the renewal term from 28 to 47 years for copyrights that were subsisting on January 1, 1978, or for pre-1978 copyrights restored under the Uruguay Round Agreements Act (URAA), making these works eligible for a total term of protection of 75 years. Public Law 105-298, enacted on October 27, 1998, further extended the renewal term of copyrights still subsisting on that date by an additional 20 years, providing for a renewal term of 67 years and a total term of protection of 95 years.

Public Law 102-307, enacted on June 26, 1992, amended the 1976 Copyright Act to provide for automatic renewal of the term of copyrights secured between January 1, 1964, and December 31, 1977. Although the renewal term is automatically provided, the Copyright Office does not issue a renewal certificate for these works unless a renewal application and fee are received and registered in the Copyright Office.

Public Law 102-307 makes renewal registration optional. Thus, filing for renewal registration is no longer required to extend the original 28-year copyright term to the full 95 years. However, some benefits accrue to renewal registrations that were made during the 28th year.

Posted by
Bebensee
Mar 11, 2009 12:09pm PDT
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Bebensee
 

Here is one more thing I found that might show it betterdWHEN U.S. WORKS PASS INTO THE PUBLIC DOMAIN

         By Lolly Gasaway                                                 University of North Carolina

 Definition:  A public domain work is a creative work that is not protected by copyright and
which may be freely used by everyone.  The reasons that the work is not protected include:
(1) the term of copyright for the work has expired; (2) the author failed to satisfy statutory
formalities to perfect the copyright or (3) the work is a work of the U.S. Government.
 

<table bgcolor="#ffffcc" bordercolor="#000000" border="1" cellpadding="7" width="570"><tbody><tr><td width="26%">DATE OF WORK</td><td width="36%">PROTECTED FROM</td><td width="38%">TERM</td></tr><tr><td width="26%">Created 1-1-78 or after</td><td width="36%">When work is fixed in tangible medium of expression</td><td width="38%">Life + 70 years<sup>1</sup>(or if work of corporate authorship, the shorter of 95 years from publication, or 120 years from creation<sup>2</sup></td></tr><tr><td width="26%">Published before 1923</td><td width="36%">In public domain </td><td width="38%">None</td></tr><tr><td width="26%">Published from 1923 – 63</td><td width="36%">When published with notice<sup>3</sup></td><td width="38%">28 years + could be renewed for 47 years, now extended by 20 years for a total renewal of 67 years. If not so renewed, now in public domain</td></tr><tr><td width="26%">Published from 1964 – 77</td><td width="36%">When published with notice</td><td width="38%">28 years for first term; now automatic extension of 67 years for second term</td></tr><tr><td width="26%">Created before 1-1-78 but not published</td><td width="36%">1-1-78, the effective date of the 1976 Act which eliminated common law copyright</td><td width="38%">Life + 70 years or 12-31-2002, whichever is greater</td></tr><tr><td width="26%">Created before
1-1-78 but published between then and 12-31-2002</td><td width="36%">1-1-78, the effective date of the 1976 Act which eliminated common law copyright</td><td width="38%">Life + 70 years or 12-31-2047 whichever is greater</td></tr></tbody></table>

1  Term of joint works is measured by life of the longest-lived author.
2  Works for hire, anonymous and pseudonymous works also have this term.  17 U.S.C. § 302©.
3  Under the 1909 Act, works published without notice went into the public domain upon publication. Works published without notice between 1-1-78 and 3-1-89, effective date of the Berne Convention Implementation Act, retained copyright only if efforts to correct the accidental omission of notice was made within five years, such as by placing notice on unsold copies. 17 U.S.C. § 405.   (Notes courtesy of Professor Tom Field, Franklin Pierce Law Center and Lolly Gasaway)

Posted by
Bebensee
Mar 11, 2009 12:20pm PDT
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Bebensee
 

Sorry I thought that would come out better – here is the web site for the above – sorry

http://www.unc.edu/~unclng/public-d.htm

Posted by
Bebensee
Mar 11, 2009 12:21pm PDT
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Bebensee
 

Thank you very much! It is extremelly helpful! I think on that basis it looks like for those famous names we should be covered! It is enormouse help to me thank you again!!!

Posted by
che-burashka
Mar 11, 2009 2:44pm PDT
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che-burashka
 

You’re welcome!  Your book sounds like a fun project!

Posted by
Bebensee
Mar 11, 2009 7:59pm PDT
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Bebensee