Public Domain or Not?

6 replies
Hi guys,

I have a question about copyright please. I would appreciate a reply from anyone who can shed light--with certainty, preferably.

Suppose we have an illustrated book about, let's say for example, plants, published before 1923, thus, the book is in the public domain.

QUESTION:

If the illustrated book of plants, originally in the public domain, is reprinted, say 2014, as is without revisions or author additions, is it legal to scan its pages and use the scanned output freely--since the book is in the public domain (or is the new reprint still)?

Thank you.
#domain #public
  • Profile picture of the author Steve B
    Once a public domain work is republished, his version becomes copyrighted to the new publisher. You should find a copy of the original work and do your scanning from that copy.

    Publishers have been known to change a word here or there in a text or modify an image just a little so that their "new" work is very slightly different than the original. When you scan the new work and use it yourself, those changes show up in your version and the publisher can now accuse you of copying his work. It has happened more than a few times.

    Publishers like Dover specifically state in their Terms and Conditions that you can't copy their version and use it commercially.

    Whether or not anyone would ever come after you for scanning their version of a public domain work . . . no one can say for sure. But if you want to sleep comfortably at night, I would seek out the original version of the work. Check out bookstores specializing in old works. Also, if you're a good researcher, it's probably printed online in one of the Internet repositories or archives of old texts.

    Good luck to you,

    Steve
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    • Profile picture of the author webmarketer
      Hi Steve,

      I agree with all of what you say. It would really be good if I can scan off the pages of an original book. That's the ideal. Thing is, previous research showed the ideal costing $45K for a specific book I target. I already tried researching for an existing version online. No luck.

      There are later reprints but it's risky, as you have said. One thing I did not realize was the possibility of them altering the image. Text, I knew.

      Thank you.
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      • Profile picture of the author Steve B
        That's a pretty expensive book. Do you mind sharing the title and original date of publication and I'll check a few places that I know for you?

        Steve
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  • Profile picture of the author Jonathan S
    That's true, once a public domain material has been republished, it is copyrighted.... it doesn't matter if the new publisher added only small contents or only changed the cover photo. There are several sites where you can find the raw materials like Project Gutenberg Free ebooks by Project Gutenberg - Gutenberg or Archive.org.
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    • Profile picture of the author webmarketer
      Thanks Jonathan.

      I'm actually aware of the sites you're saying. But what I'm referring to is not on those sites--or elsewhere. Buying the original book is not possible. Using a later reprint poses issues.
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