質問
I am working on a collection of older literary materials for an anthology of 20th century literature. For some of the used texts it is impossible to find the author. If I were to include an essay written approx. seventy years ago, would this be still forbidden under copyright? If the author published the work anonymously, do I still have to fear a lawsuit? And if an author would surface, could they stop the whole publication or would I only have to pay some fees?
回答: 2 public & 0 非公開
I would need more information to give a definitive answer, but the following may be helpful for the period you are dealing with: If the work was created and published WITHOUT a notice of copyright before 1964, then it has entered the public domain. If the work was published WITH a notice of copyright before 1964, it may be protected still if it was renewed for a second term. However, if it was NOT registered for a renewal copyright term, then it would be in the public domain. For the second renewal term to be currently in effect it would need to have been registered within the 28 year term of the first notice of copyright, which would extend the term for up to an additional 47 years. If this is a real concern, you can hire a lawyer or pay the copyright office to perform renewal searches. At any rate, I do not think any Fair Use analysis is particularly needed here, one exception might be if this is solely for educational purposes.
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