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Public Domain Works- Selling them in the USA question

by Craig Fenton
13 replies
Hello Warriors:

Hope the weekend is going well.

As always I come to the place of trusted knowledge to get a question or two answered about Public Domain and the ability to sell.

When searching sites that have a plethora of Public Domain works over the years they normally put the same disclosure in the book that reads something close to "This book may be freely read, traded, and shared."

Although I can't think of one instance where it was mentioned it could be sold, is it true that if a book/photo/song/article/etc falls into the Public Domain in the USA you can sell it for what the market allows? If you can get 1.00 or 1000.00 for the 1899 book "The Warrior Forum Fine People Go To See A Baseball Game" is it 100 percent legal to sell the product anyway you choose?

Secondly please if so wouldn't this cause a large abundance of people marketing the exact same book, record album, etc. with no variation whatsoever? Even if you compared it to Warriors selling a Special Offer on Clickbank or Cost Per Action they are putting their own slant on the marketing tools and mindset of the project but a book and song wouldn't change.

Thanks as always and have a great afternoon,
CF
#domain #public #question #selling #usa #works
  • Profile picture of the author KenThompson
    Text deleted as it was in error. But you can get the full story - twice
    enjoyed - below.

    Someone can take a PD book and modify it as they see fit and sell it.
    But since they put their changes in it, then they can claim copyright
    on that version of it. There may be caveats concerning extent of
    modification, etc. I don't know the finer details.


    Ken
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    • Profile picture of the author marciayudkin
      You can sell a PD book if it is unchanged and the copyright has not
      been bought at some point after it was officially in the PD which can
      and does happen.
      Sorry, but that is wrong on two counts.

      1. You can sell a public domain work either changed or unchanged. That is totally up to you. You can change the title, the design, reorganize or rewrite the contents, add new illustrations, divide it into installments... anything you want.

      2. If someone issues their own copyrighted version of a public domain work, the original version is still in the public domain. Anyone else can still publish it either changed or unchanged as long as they are working from the original version, not the new version that someone else put under copyright.

      Marcia Yudkin
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      Check out Marcia Yudkin's No-Hype Marketing Academy for courses on copywriting, publicity, infomarketing, marketing plans, naming, and branding - not to mention the popular "Marketing for Introverts" course.
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      • Profile picture of the author KenThompson
        Originally Posted by marciayudkin View Post

        Sorry, but that is wrong on two counts.

        1. You can sell a public domain work either changed or unchanged. That is totally up to you. You can change the title, the design, reorganize or rewrite the contents, add new illustrations, divide it into installments... anything you want.

        2. If someone issues their own copyrighted version of a public domain work, the original version is still in the public domain. Anyone else can still publish it either changed or unchanged as long as they are working from the original version, not the new version that someone else put under copyright.

        Marcia Yudkin

        No need to apologize Ms/Mrs Yudkin. And thank you for clarifying.

        But if you'll notice, and I'm sure you did, I did cover the last point
        you made about the new version under someone else's copyright.

        Thanks again,


        Ken

        PS - I see Caliban returned later and added to his post clarifying
        the situation.

        So, thanks Ms/Mrs Yudkin, but your post is somewhat redundant,
        although I'm sure appreciated by some.
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      • Profile picture of the author ladywriter
        That's the great thing about public domain works--you can provide value and by doing so give yourself an edge over competition.

        People can peddle Jane Austen's Emma as written, or rework it into a film and call it Clueless.
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        Effective Content From a Nurse: Check Out my Warrior for Hire thread
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      • Profile picture of the author JMB Marketing Group
        Originally Posted by marciayudkin View Post

        Sorry, but that is wrong on two counts.

        1. You can sell a public domain work either changed or unchanged. That is totally up to you. You can change the title, the design, reorganize or rewrite the contents, add new illustrations, divide it into installments... anything you want.

        2. If someone issues their own copyrighted version of a public domain work, the original version is still in the public domain. Anyone else can still publish it either changed or unchanged as long as they are working from the original version, not the new version that someone else put under copyright.

        Marcia Yudkin
        Marcia makes some valid statements here. However, please read this thread as it will explain things more clearly, which will surely shed more light on your current dilemma:

        http://www.warriorforum.com/main-int...lth-books.html

        If you require further help or clarification, I'm just a click away.

        Cheers,

        JMB
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        • Profile picture of the author KenThompson
          Originally Posted by JMB Marketing Group View Post

          please read this thread as it will explain things more clearly, which will surely shed more light on your current dilemma:

          If you require further help or clarification, I'm just a click away.

          Cheers,

          JMB

          Thanks for the link, very informative!

          I see you and Ms Yudkin are practically neighbors. That's great.


          Ken
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          • Profile picture of the author JMB Marketing Group
            Originally Posted by KenThompson View Post

            Thanks for the link, very informative!

            I see you and Ms Yudkin are practically neighbors. That's great.


            Ken
            Hi Ken,

            Glad you found the link informative.

            Had no idea that Marcia and I were neighbours. That's too cool !

            JMB
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            • Profile picture of the author marciayudkin
              Had no idea that Marcia and I were neighbours. That's too cool
              I'm not sure by what measure we are neighbors! Yes, we both live on Planet Earth. But both Maui and Massachusetts (listed as my locations) are many thousands of miles away from Beautiful British Columbia.

              Marcia Yudkin
              Signature
              Check out Marcia Yudkin's No-Hype Marketing Academy for courses on copywriting, publicity, infomarketing, marketing plans, naming, and branding - not to mention the popular "Marketing for Introverts" course.
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              • Profile picture of the author JMB Marketing Group
                Originally Posted by marciayudkin View Post

                I'm not sure by what measure we are neighbors! Yes, we both live on Planet Earth. But both Maui and Massachusetts (listed as my locations) are many thousands of miles away from Beautiful British Columbia.

                Marcia Yudkin
                I didn't get it entirely either! However, I'm sure that Ken has his own "rendition" of what he meant!

                Nonetheless, we do know what others don't

                JMB
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                • Profile picture of the author KenThompson
                  Originally Posted by JMB Marketing Group View Post

                  I didn't get it entirely either! However, I'm sure that Ken has his own "rendition" of what he meant!

                  Nonetheless, we do know what others don't

                  JMB
                  Rendition, indeed.

                  What others didn't.


                  Ken
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                  • Profile picture of the author JMB Marketing Group
                    Originally Posted by KenThompson View Post

                    Rendition, indeed.

                    What others didn't.


                    Ken
                    Ken,

                    I'm sorry, but I really don't get you. Therefore, can you please elaborate on what you're trying to convey (say) here in your posts!

                    I would be more than happy to dispel any myths or misconceptions!

                    Always a Helping Warrior!

                    JMB
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            • Profile picture of the author KenThompson
              Originally Posted by JMB Marketing Group View Post

              Hi Ken,

              Glad you found the link informative.

              Had no idea that Marcia and I were neighbours. That's too cool !

              JMB

              How 'bout that! lol


              Ken
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  • Profile picture of the author CDarklock
    Originally Posted by Craig Fenton View Post

    is it true that if a book/photo/song/article/etc falls into the Public Domain in the USA you can sell it for what the market allows?
    Yes.

    Secondly please if so wouldn't this cause a large abundance of people marketing the exact same book, record album, etc. with no variation whatsoever?
    Yes. That's where "what the market allows" comes into play. When a large abundance of people market the exact same thing, the only differentiator is price, and it's only a matter of time before someone quite rightly determines that they can give this away for free - and then hardly anyone will buy it at any price.

    they are putting their own slant on the marketing tools and mindset of the project but a book and song wouldn't change.
    Think outside the box.

    Pride and Prejudice and Zombies - Wikipedia, the free encyclopedia

    Originally Posted by KenThompson View Post

    You can sell a PD book if it is unchanged and the copyright has not been bought

    This is completely wrong.


    Once a work enters the public domain, there is no copyright to buy and it can be changed however you want.


    If the copyright has been bought (which can be done BEFORE the work becomes PD), the work doesn't enter the public domain.


    And if you change a PD work, YOUR CHANGES fall under YOUR COPYRIGHT.
    Signature
    "The Golden Town is the Golden Town no longer. They have sold their pillars for brass and their temples for money, they have made coins out of their golden doors. It is become a dark town full of trouble, there is no ease in its streets, beauty has left it and the old songs are gone." - Lord Dunsany, The Messengers
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