Self-Publishing A Copyrighted Book

14 replies
Disclaimer: I'm not asking for any ironclad legal advice, just people's opinions.

Here's my dilemma. There's a book I have that I'd like to reprint. The book's been out of print for the past 20 years. I did retype it word for word into an eBook, replicated the cover in Photoshop and have checked out a few self-publishing sources. I'm not looking to sell the book, I just want to replicate it for personal use....as a backup to my original hard copy. If you knew to which book I was referring, you'd understand why because it is extremely scarce and sells for nearly $2,000 in some places.

In your OPINION, what do you feel would be the best approach to this situation without infringing on anyone's copyrights?
#book #copyrighted #selfpublishing
  • Profile picture of the author Alexa Smith
    Banned
    Either it's in copyright or it's out of copyright. Either way, it's a simple, factual matter. You just need to know which, because if it's in copyright and you don't own that copyright, then someone else clearly does.

    Originally Posted by Sean Tudor Carter View Post

    I'm not looking to sell the book, I just want to replicate it for personal use....as a backup to my original hard copy.
    For whose "personal use"?

    If it's "as a backup to your original hard copy", that makes it sound like you just want it for yourself?

    But in that case, why are you making a cover for it and looking at self-publishing sites?

    I think you must mean "other people's personal use"? But if someone else owns the copyright to it, then clearly you can't circulate it or provide it to other people, whether paid or unpaid, without that person's permission. So, in those circumstances, I'd suggest you either get permission or don't do it.

    Originally Posted by Sean Tudor Carter View Post

    In your OPINION ... ?
    That's all I can offer, being no lawyer, myself.
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    • Profile picture of the author fin
      Is it 'Charlie takes LSD and burns down the chocolate factory' or something else?
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      • Profile picture of the author Young Financier
        Originally Posted by fin View Post

        Is it 'Charlie takes LSD and burns down the chocolate factory' or something else?
        Margin of Safety by Seth Klarman
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    • Profile picture of the author Young Financier
      Originally Posted by Alexa Smith View Post

      Either it's in copyright or it's out of copyright. Either way, it's a simple, factual matter. You just need to know which, because if it's in copyright and you don't own that copyright, then someone else clearly does.



      For whose "personal use"?

      If it's "as a backup to your original hard copy", that makes it sound like you just want it for yourself?


      But in that case, why are you making a cover for it and looking at self-publishing sites?

      I think you must mean "other people's personal use"? But if someone else owns the copyright to it, then clearly you can't circulate it or provide it to other people, whether paid or unpaid, without that person's permission. So, in those circumstances, I'd suggest you either get permission or don't do it.



      That's all I can offer, being no lawyer, myself.
      That's what I said...my own personal use to back up MY hard copy. I'm only looking to replicate one or two.
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      • Profile picture of the author Alexa Smith
        Banned
        Originally Posted by Sean Tudor Carter View Post

        That's what I said...my own personal use to back up MY hard copy.
        I don't understand why you've "replicated the cover in Photoshop and have checked out a few self-publishing sources", then, Sean, if it's just for your own personal use? Can you explain a little more?
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        • Profile picture of the author Cali16
          Originally Posted by Alexa Smith View Post

          I don't understand why you've "replicated the cover in Photoshop and have checked out a few self-publishing sources", then, Sean, if it's just for your own personal use? Can you explain a little more?
          I'm wondering this as well.

          My thoughts (and I'm not an attorney):

          If you truly want to do the ethical thing, then you should buy another copy of the book (you can get a "good" used copy for as low as $680 on Amazon). Since Seth Klarman is only 56 and still alive (at least as of 3 days ago, as there was an article on him in Forbes on the 10th), my guess is that he, as the author, owns the copyright to the book.

          Or you could just try to contact Mr. Klarman himself (or someone in his employ who can ask on your behalf) to see if you can get permission to reprint / self-publish a second copy for yourself. If you can't get permission, then I suspect you already know the ethical thing to do.

          There's a reason books are sold for more than just the cost of the paper they're printed on... There's also a reason for copyrights... If you really want another physical copy, then you may need to fork up the money to buy one.
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          If you don't face your fears, the only thing you'll ever see is what's in your comfort zone. ~Anne McClain, astronaut
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          • Profile picture of the author Young Financier
            Originally Posted by Cali16 View Post

            I'm wondering this as well.

            My thoughts (and I'm not an attorney):

            If you truly want to do the ethical thing, then you should buy another copy of the book (you can get a "good" used copy for as low as $680 on Amazon). Since Seth Klarman is only 56 and still alive (at least as of 3 days ago, as there was an article on him in Forbes on the 10th), my guess is that he, as the author, owns the copyright to the book.

            Or you could just try to contact Mr. Klarman himself (or someone in his employ who can ask on your behalf) to see if you can get permission to reprint / self-publish a second copy for yourself. If you can't get permission, then I suspect you already know the ethical thing to do.

            There's a reason books are sold for more than just the cost of the paper they're printed on... There's also a reason for copyrights... If you really want another physical copy, then you may need to fork up the money to buy one.
            I've tried contacting Seth Klarman. I may just grab a copy if I can find a seller who's desperate enough and willing to negotiate. As a value investor, the philosophy that Mr. Klarman teaches, I'm sure that if I can find it cheap, it'd only appreciate in value.

            I'm leaning towards the replica because that may be the cheaper route if I can get it done properly.
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  • Profile picture of the author kindsvater
    Your story doesn't fly at all. No one wanting a personal backup (or two backups?) of a book:

    - Retypes it word for word as an ebook

    - Uses Photoshop to recreate the cover

    - Checks out publishing sources

    Someone wanting a personal backup finds a copy machine or uses their home scanner.

    I have books worth $2000 and, frankly, they're not where they might get lost so I need a backup. Their value isn't in just the text anyway. If the text is important - take some notes.

    Here's the kicker - you claim to have retyped, word for word, a 250 page book on your computer as an ebook. You already have a digital backup. Click the Print button and you have a paper backup.

    .

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    • Profile picture of the author Young Financier
      Originally Posted by kindsvater View Post

      Your story doesn't fly at all. No one wanting a personal backup (or two backups?) of a book:

      - Retypes it word for word as an ebook

      - Uses Photoshop to recreate the cover

      - Checks out publishing sources

      Someone wanting a personal backup finds a copy machine or uses their home scanner.

      I have books worth $2000 and, frankly, they're not where they might get lost so I need a backup. Their value isn't in just the text anyway. If the text is important - take some notes.

      Here's the kicker - you claim to have retyped, word for word, a 250 page book on your computer as an ebook. You already have a digital backup. Click the Print button and you have a paper backup.

      .

      My story doesn't fly? I couldn't care less if you don't believe it because I know what my intentions are and I've spelled them out clearly.

      Yes, I could print out what I've typed (btw, I type over 100 wpm and the book is in big print, so it wasn't difficult) but I'm a perfectionist and that wouldn't satisfy me. Only a replica would satisfy me. I'm the same guy who won't buy a book if it's not an original first edition....unless the author has updated a newer edition. I'm also a book collector. On that note, you're supposed to be an attorney and you're attacking instead of advising. If I had ill intentions, why even come here and ask this question? Why not just go ahead and carry out whatever crooked plan I supposedly had? It may be hard for you to believe, but not everyone does things for the purpose of getting over and not everyone moves with the same intentions as you. Just because YOU wouldn't do what I'm doing, that doesn't mean that I'm lying.
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      • Profile picture of the author kindsvater
        You're the one with the story about retyping a 250 page book, recreating a cover using Photoshop, seeking publishing sources - and wanting to know how to avoid copyright infringement when making replicas.

        If you really wanted a personal replica, instead of a retyped version with typos, a different font, and different pagination, you would have copied / scanned to make a replica.

        If you didn't want to get an opinion you didn't like you shouldn't have posted.

        Here's the bottom line that seems to have escaped you:

        To avoid copyright infringement, and you said this was to have a personal backup, you already have a personal digital backup. Press the print button and now you have a personal paper backup.

        Problem solved. No copyright infringement.

        It's not my fault you didn't like the solution.

        Now, when it gets to you approaching some publishing business with your retyped ebook and recreated, Photoshopped cover, claiming you just want to print a copy "or two" (your words) of a $2000 book because you are a perfectionist and want exact replicas - which you could then arguably sell for $4000 (assuming that is the only publishing source you visit) - one thing which may happen is the police are contacted. Or, your request is denied.

        Again, if you don't like my opinion you shouldn't have posted asking for opinions.

        If you don't agree with my statement your story doesn't fly, that's your problem. The reason it is your problem, and not mine, is because its an unbelievable story, even if true. This is why you are going to have problems getting it published.

        For example, if you were to go through Amazon to publish yourself a copy, Amazon may come back and say they received an alert this is a copyrighted book. You will then have to provide your story and say you are only wanting to make a personal replica. My guess is Amazon won't believe you and reject the request.

        So instead of getting angry it might be best if you got real about understanding your publishing problem.

        .
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        • Profile picture of the author wtatlas
          In my opinion the "best approach to this situation", (your question), would be not to do it.

          Every book that I've read carries a warning somewhere to the effect that no part of the publication may be reproduced or stored in any form (including digital) without the prior permission of the PUBLISHER, not the author. In many publishing agreements where there is a physical copy of a book, the author transfers the copyright to a publisher in exchange for an agreed payment of royalties on the work. This can be different with self-publishing platforms obviously.

          Simply because you want to reproduce it for your own reasons doesn't make any difference to the legal situation. You don't have to be a lawyer to read the copyright notice on a book and abide by the terms. If there is nothing to indicate whether the book is still subject to copyright then the onus is on you to find out if it is and to ask permission to copy it in the manner that you want.
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          • Profile picture of the author DeePower
            You've got three problems here. First, the work itself is copyrighted and can't be reproduced in any format. That means you should destroy your typed version. Second, the cover itself is copyrighted by the artist or by the publishing company. Third if you find a company dumb enough to reproduce the book, they are violating the copyright as well.

            Dee
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  • Profile picture of the author Young Financier
    Forget it. You don't understand and not even trying to.
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  • Profile picture of the author anro
    Kind of sketchy. Why would you need to self-publish a book that you want to keep for yourself? As all others have said, this needs to be rethought.
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