Pubic Domain Question... The legal stuff

14 replies
Hey guys,

Quick question.

If you are using public domain work, do you need to site the resource?
What are the legal bearings on using public domain work?

Thanks.
#domain #legal #pubic #question #stuff
  • Profile picture of the author LoreCee
    If you want to do PD stuff, I strongly recommend Steven Fishman's book on Public Domain by Nolo Press. Cheaper than an attorney and will help you evaluate your project for feasibility.

    If the project passes preliminary screening, you should hire a lawyer to give it a clean bill of health. IAAL (I Am A Lawyer) and I'm amazed that people will take on projects with hundreds of thousands of dollars at stake but not spend a couple grand for legal due diligence.

    Even if the law doesn't require author credit, all of the PD projects I worked on in the book publishing industry gave co-author credit to the original author. This might have been to keep the author's family from getting mad and suing. Even if you're in the right, remember that $25 and some paperwork gets you into court. The author's name can often be an asset if they have some recognition. Of course you want the usual disclaimers--your lawyer can help you with those.

    With these projects, the person using the PD material takes the original work and adds his material to it so he has something to copyright--otherwise there's nothing to stop others from grabbing the work and turning it into their own PLR material.

    Hope this helps.
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    • Profile picture of the author LoreCee
      Hey Steve--you might want to proofread your post title and tags ;-)
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    • Profile picture of the author Dan C. Rinnert
      Originally Posted by LoreCee View Post

      IAAL (I Am A Lawyer) and I'm amazed that people will take on projects with hundreds of thousands of dollars at stake but not spend a couple grand for legal due diligence.
      Maybe because most people don't have the deep pockets that lawyers do and don't have enough money sitting around to drop a couple grand on lawyer to tell them that, "oh, yeah, you can republish this book from 1909 and here's my bill"?
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      Dan's content is irregularly read by handfuls of people. Join the elite few by reading his blog: dcrBlogs.com, following him on Twitter: dcrTweets.com or reading his fiction: dcrWrites.com but NOT by Clicking Here!

      Dan also writes content for hire, but you can't afford him anyway.
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      • Profile picture of the author LoreCee
        Hey, I don't make the rules. But you should see bill after the lawsuit begins and discovery commences.
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        • Profile picture of the author Dan C. Rinnert
          So are you trying to tell us we're not even safe publishing public domain works first published in the U.S. before 1923?

          But you should see bill after the lawsuit begins and discovery commences.
          Maybe that's why they build tall buildings...

          Maybe that's why they build tall buildings....

          Maybe that's why they build tall buildings.....

          Maybe that's why they build tall buildings......

          Maybe that's why they build tall buildings.......

          Maybe that's why they build tall buildings........

          Maybe that's why they build tall buildings........_
          Signature

          Dan's content is irregularly read by handfuls of people. Join the elite few by reading his blog: dcrBlogs.com, following him on Twitter: dcrTweets.com or reading his fiction: dcrWrites.com but NOT by Clicking Here!

          Dan also writes content for hire, but you can't afford him anyway.
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  • Profile picture of the author tj
    Originally Posted by Steve Grish View Post

    Hey guys,

    Quick question.

    If you are using public domain work, do you need to site the resource?
    What are the legal bearings on using public domain work?

    Thanks.
    Steve, you will not get legal advice here in the forum, just opinions. You can cite sources if it is in the public domain but you don't have to.

    As LoreCee said Stephen Fishman's book is a good first start if you want to get a first overview also about the legal stuff. Here is the link to the book

    The Public Domain: How to Find Copyright-Free Writings, Music, Art & More

    Timo
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  • Profile picture of the author Steve Grish
    Haha, my bad on the title and tags...

    Lore I will do that, thanks for your help.
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    • Profile picture of the author Mike McBride
      Originally Posted by LoreCee View Post

      Hey Steve--you might want to proofread your post title and tags ;-)
      Originally Posted by Steve Grish View Post

      Haha, my bad on the title and tags...

      Lore I will do that, thanks for your help.
      Or not - it's only been a week.

      I'm curious, Steve. If you've profited over $1M over the last two years ( http://www.warriorforum.com/main-int...two-years.html ), and assuming from that post this is a business, not a hobby - why are you asking legal questions like this in a forum where you're going to get opinions, not legal advice you can count on?

      Just wondering...
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  • Profile picture of the author Huguito
    Banned
    [DELETED]
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    • Profile picture of the author LoreCee
      15 posts--go Hugo!
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  • Profile picture of the author seye
    i searched through so many pd site yesterday for public domain works on weight loss or diet , i just cant find anything tangible please i need help on serching for proper articles on pd site any help will be appreciated
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  • Profile picture of the author Dave777
    I highly recommend getting the following WSO that will solve your problem! All of Jack Duncan's stuff is pure gold...
    http://www.warriorforum.com/warrior-...riches-pd.html

    Dave
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