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BizIPEsq.
BizIPEsq., Attorney
Category: Intellectual Property Law
Satisfied Customers: 996
Experience:  I am a tech attorney and I represent clients with technology, internet and intellectual property matters
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How can I find out if a very old book I have is copyrighted

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How can I find out if a very old book I have is copyrighted or not? It is a recipe book and it is from the early 1950's but there is no copyright date anywhere. There is no ISPN number or LC cataloging number. There is nothing other than title and year published, and name of the organization. The book was published by this organization privately probably for members but nothing else is on the cover or insert. Thank you!

BizIPEsq. :

Hello, I will be assisting you

BizIPEsq. :

Let me review the copyright laws with respect to copyright notices that applied in the 50s. Please bear with me as I research the issue

BizIPEsq. :

Works published before January 1,1978, are governed by the 1909 Copyright Act. Under that law, if a work was published under the copyright owner's authority without a proper notice of copyright (i.e. without the circle C symbol or without notation that all rights reserved), then all copyright protection for that work was permanently lost in the United States.

Customer:

Hi, i did not know you were coming into chat. I went off the Just Answer site temporarily. Are you still there?

BizIPEsq. :

Since this book does not have copyright notation and further not have any ISBN numbers associated with it then it is possible that the book is not copyrighted

BizIPEsq. :

I am here

Customer:

That is what I thought,

Customer:

So there is no information about it, other than the title, the year of the edition, and the name of the organization.

Customer:

I've searched everywhere, including on Google and searched the title and found something in Canada by the same name, but not the same book.

BizIPEsq. :

you could commence a copyright inquiry in the library of congress and see if they find a copy deposited

Customer:

This looks like members contributed their recipes, but no ISBN, LC number. Is there copyright protection just because it exists by the organization itself?

BizIPEsq. :

if they don't then that would be the final indication that the book is not copyrighted

Customer:

ok I will call the library of congress or e-mail them, i do have the library of congress website. I think it is LibrarySpot, or IPL2 something like that.

BizIPEsq. :

recipes by themselves are generally not copyrightable

Customer:

Well, I have plenty of originals going back to the 1890's! :o) They belong to my Hungarian grandmother. I think I will write a book about her.

Customer:

I have another question, if it is ok.

BizIPEsq. :

please ask however you may need to start a new question. Let's see

Customer:

I was informed in an e-book class that if a book was written prior to 1923 there is no copyright protection anymore, and the book is in the public domain. So if you want to reproduce an e-book from a printed book that was written prior to 1923 you can do it

Customer:

Is that true? Would some of the information have to be changed? Would the title have to be changed?

Customer:

Or is it legal to reproduce a book that was written prior to 1923 and publish it as a Kindle ebook.

BizIPEsq. :

I can explain it in detail. Let's do it under a new question.

Customer:

ok. But how do I do a new question here? Should I go back to the original Ask Questions and put it there? I can do it that way.

Customer:

I'll post it now.

BizIPEsq. :

yes post it and request me

BizIPEsq. :

put " for BIZIPESQ in the title"

BizIPEsq. :

in the meantime, please rate this question

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