Author Topic: Copyright question  (Read 1470 times)

Clare

  • Is in NZ
Copyright question
« on: 18 May, 2018, 09:00:02 am »
Is there a problem if a book has an earlier copyright date than the date it was published?

Copyright date 2016, book published 2018.

Re: Copyright question
« Reply #1 on: 18 May, 2018, 09:05:54 am »
Copyright will date from first publication, but you may be looking at paperback or whatever.

Clare

  • Is in NZ
Re: Copyright question
« Reply #2 on: 18 May, 2018, 09:09:00 am »
So basically the only problem is that it will go out of copyright two years earlier than if we'd got the date correct?

Re: Copyright question
« Reply #3 on: 18 May, 2018, 09:20:18 am »
INAL, but the establishment of copyright occurs when the copy gets rit and the statement of copyright date has no legal status.

ian

Re: Copyright question
« Reply #4 on: 18 May, 2018, 10:06:58 am »
Depends. Copyright begins when a work is 'fixed in tangible medium or expression.' This means effectively when something is made available to be 'perceived, reproduced, or otherwise communicated.' While you technically have copyright from the point of creation, that's legally irrelevant if not one sees it, there's no right to be claimed or enforced. Copyright periods start when it becomes fixed, not when you first jot down the words.

The date in the copyright statement doesn't matter other than as indicative. Copyright is a private right, as such the onus is on the holder to demonstrate it if challenged. So if challenged in this case, you've have to provide evidence that the book was either published in 2016 or 2018. Legally, of course, if you've said something has a copyright date of 2016, you'd have a bit more work to do to prove 2018. That said, it's not entirely uncommon for the published copyright date a year and occasionally two ahead simply because publishers put the current year on the publication regardless, because they don't to publish a first edition that's looks two years out of date and it nudges the copyright forward. I'm not sure why they'd put a date before publication though, there's little point, it's better to claim copyright from publication.

Of course, there's an additional dependency if you've assigned copyright to the publisher, or unreserved any rights.


fuaran

  • rothair gasta
Re: Copyright question
« Reply #5 on: 18 May, 2018, 10:24:07 am »
So basically the only problem is that it will go out of copyright two years earlier than if we'd got the date correct?
For books, copyright usually expires 70 years after the death of the author. So the date the book is published doesn't really matter.

Except for things like crown copyright, which is 50 years after it is published. Or if the author is unknown.

ian

Re: Copyright question
« Reply #6 on: 18 May, 2018, 10:39:27 am »
That's the dependency. if the author holds copyright than it's life+70. If the publisher or other entity owns copyright, it begins with publication.

fuaran

  • rothair gasta
Re: Copyright question
« Reply #7 on: 18 May, 2018, 11:01:39 am »
Even if the copyright is held by a company or transferred to anyone else, the expiry usually still depends on the death of the authors.

ian

Re: Copyright question
« Reply #8 on: 18 May, 2018, 12:33:57 pm »
True enough if the first copyright holder was a named person.

Anyway, to the initial question, here's no actual need for a copyright statement. Under the Berne convention, copyright is inherent.

Clare

  • Is in NZ
Re: Copyright question
« Reply #9 on: 18 May, 2018, 12:41:03 pm »
Thanks all, the issue is a book that took one and a half years from first proof read to publication - I failed to change the copyright date when I got given the Word docs to turn into something publishable.

TBH I am not worried about the possibility of somebody legally ripping it off in 68 years time.


Re: Copyright question
« Reply #10 on: 18 May, 2018, 01:15:21 pm »
Different copyrights. Copyright, broadly, allows authors to gain reward for their efforts. So, there's copyright in the text of a book from when the text was first recorded in any form.

But the design and layout of an edition of the book may itself be a significant work, with its own, separate copyright protection. So, if someone produces a new edition of Wuthering Heights, you can scan in the text and put it on your Web site, but you can't necessarily sell (or give away) a facsimile or scan of the pages of that edition.

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David Martin

  • Thats Dr Oi You thankyouverymuch
Re: Copyright question
« Reply #11 on: 19 May, 2018, 12:07:21 am »

TBH I am not worried about the possibility of somebody legally ripping it off in 68 years time.



Has Clare been a zombie for the last two years? I think we should be told.
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