Showing posts with label copyright renewal. Show all posts
Showing posts with label copyright renewal. Show all posts

Tuesday, February 11, 2020

Is D.H. Lawrence Poem in the Public Domain?

Dear Rich: We are publishing a book in conjunction with a museum exhibit. The artwork in the exhibit was inspired by D.H. Lawrence's poem, "Whales Weep Not!" On the website, Poets.org, they indicated the poem may still be under copyright by the poet's estate (Copyright © 1964, 1971 by Angela Ravagli and C. M. Weekly, Executors of the Estate of Frieda Lawrence Ravagli. Used by permission of Viking Penguin, a division of Penguin Books USA Inc.) Is the poem in the public domain or do we need permission? 
If the copyright for "Whales Weep Not!" was renewed, it is still under copyright and will not fall into the public domain for several years. The poem was published posthumously in 1932 in the collection, "Last Poems" (Lawrence died in 1930). Copyright law protects such works for 95 years from first publication, provided that it was timely renewed. However, we couldn't find evidence of renewal of "Last Poems" at the Stanford Renewal database. That's not conclusive ("Absence of evidence isn't evidence of absence") and may be due to an error in data conversion or imprecise searching. (The estate had been diligent in renewing Lawrence's other works, including his poetry.) The only definitive proof would be to pay for a certified Copyright Office search.

Thursday, May 2, 2019

Does "No Renewal" Equal Public Domain?

Dear Rich: I am an independent director/producer and I have a book and movie that I would like to remake into new films and I'm running into deadness on both fronts. The book is a sci-fi thriller from 1968 and the author died in the early '70s. The publisher is no longer around, and I have only found registration for the original 1968 copyright to the book.  I looked 28 years later and there is no renewal. There are renewals for other titles from the same author made by a woman with same last name (presumably a member of the family). She didn't renew any of his sci-fi pulp novels though. On the other end, I have a low budget war movie from 1958, the director has passed, all the actors have passed and the company dead ends after it's been bought and passed along multiple times. 
Works published after 1963 did not need to be renewed. So, the sci-fi author's copyright would go to his heirs and would last for 70 years from the author's death. (If the book had been published before 1964, a failure to renew would put the book in the public domain.)
As for the low-budget war movie, according to Copyright Office records, it was assigned in 1998 along with 31 other films (see below)  to American Movie Classics (now known as AMC).


Wednesday, October 31, 2018

Can I Set Amelia Earhart's Words to Music?

Amelia Earhart, 1937


Dear Rich: I'm inquiring about setting Amelia Earhart's words to music. She published three books between 1928 and 1937, and a poem (Courage, From an Airplane, To M_). She was declared dead in absentia January 5, 1939 (aged 41). How could we determine whether or not her work is public domain? The website, ameliaearhart.com, states that CMG Worldwide acts as the exclusive agent for Amelia Earhart.
CMG Worldwide represents Amelia Earhart for branding opportunities -- that is, they license Earhart's image, name, or personna to sell a product or service (much like her husband,  G.P. Putnam, licensed her name and image for Lucky Strikes).  Although CMG states that it "specializes in clearing copyrights, trademarks, and rights of publicity," we couldn't find any evidence that the agency claims or clears copyright on Earhart's literary properties.
Copyright research. In any case, a bit of research may moot any need for permission. Literary works published between 1928 and 1937 are protected for 95 years provided that they were renewed 28 years from first publication. (Less than seven percent of books were renewed). Literary renewals can be searched at Stanford's Copyright Renewal Database. A search for Amelia Earhart turned up one renewal for "The Last Flight," first published in 1937 and renewed in 1964 (see below). So, that work is protected until 2032.

We also searched under Earhart's husband's name (Putnam co-authored many books) but found no other renewals for her. In other words, the poem and two of her books, "20 Hours, 40 Min: Our Flight in the Friendship," and "The Fun of It," are not showing up as renewed. Assuming the database is accurate, these two books (and the poem) would be in the public domain and free to use. However, even if this correct, we're not clear whether CMG Worldwide would pursue you should you choose to create a musical based on Earhart's life (or even a t-shirt with Earhart's image).