[ATM] Ellison's work

["Francis J. O'Reilly" <foreilly@bestweb.net>]

Group,

Merry Christmes to all.

Ellison died in 1936. The copyright on The Amateur's Telescope expired 70
years after his death. (All copyrights by law expire at the end of the year
in which the 70th anniversary of the death of the author occurs). Ellison's
copyright expires next Monday

I have reprinted certain portionsd  of the US Copyright law for reference
of those who would like to republish public domain ATM materials.

It's complex and fraught with traps for the unwary. Consult counsel prior
to publishing anything of this nature.

Regards,

Francis J. O'Reilly


§ 302. Duration of copyright: Works created on or after January 1, 1978
(a) In General. ? Copyright in a work created on or after January 1, 1978,
subsists from its creation and, except as provided by the following
subsections, endures for a term consisting of the life of the author and 70
years after the author's death.

(b) Joint Works. ? In the case of a joint work prepared by two or more
authors who did not work for hire, the copyright endures for a term
consisting of the life of the last surviving author and 70 years after such
last surviving author's death.

(c) Anonymous Works, Pseudonymous Works, and Works Made for Hire. ? In the
case of an anonymous work, a pseudonymous work, or a work made for hire,
the copyright endures for a term of 95 years from the year of its first
publication, or a term of 120 years from the year of its creation,
whichever expires first. If, before the end of such term, the identity of
one or more of the authors of an anonymous or pseudonymous work is revealed
in the records of a registration made for that work under subsections (a)
or (d) of section 408, or in the records provided by this subsection, the
copyright in the work endures for the term specified by subsection (a) or
(b), based on the life of the author or authors whose identity has been
revealed. Any person having an interest in the copyright in an anonymous or
pseudonymous work may at any time record, in records to be maintained by
the Copyright Office for that purpose, a statement identifying one or more
authors of the work; the statement shall also identify the person filing
it, the nature of that person's interest, the source of the information
recorded, and the particular work affected, and shall comply in form and
content with requirements that the Register of Copyrights shall prescribe
by regulation.

(d) Records Relating to Death of Authors. ? Any person having an interest
in a copyright may at any time record in the Copyright Office a statement
of the date of death of the author of the copyrighted work, or a statement
that the author is still living on a particular date. The statement shall
identify the person filing it, the nature of that person's interest, and
the source of the information recorded, and shall comply in form and
content with requirements that the Register of Copyrights shall prescribe
by regulation. The Register shall maintain current records of information
relating to the death of authors of copyrighted works, based on such
recorded statements and, to the extent the Register considers practicable,
on data contained in any of the records of the Copyright Office or in other
reference sources.

(e) Presumption as to Author's Death. ? After a period of 95 years from the
year of first publication of a work, or a period of 120 years from the year
of its creation, whichever expires first, any person who obtains from the
Copyright Office a certified report that the records provided by subsection
(d) disclose nothing to indicate that the author of the work is living, or
died less than 70 years before, is entitled to the benefit of a presumption
that the author has been dead for at least 70 years. Reliance in good faith
upon this presumption shall be a complete defense to any action for
infringement under this title.

§ 303. Duration of copyright: Works created but not published or
copyrighted before January 1, 1978
(a) Copyright in a work created before January 1, 1978, but not theretofore
in the public domain or copyrighted, subsists from January 1, 1978, and
endures for the term provided by section 302. In no case, however, shall
the term of copyright in such a work expire before December 31, 2002; and,
if the work is published on or before December 31, 2002, the term of
copyright shall not expire before December 31, 2047.

(b) The distribution before January 1, 1978, of a phonorecord shall not for
any purpose constitute a publication of the musical work embodied therein.


§ 305. Duration of copyright: Terminal date
All terms of copyright provided by sections 302 through 304 run to the end
of the calendar year in which they would otherwise expire.
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