[posted] Copyright issue Re: Posted (#27824, Campbell) !

John Mark Ockerbloom ockerblo at pobox.upenn.edu
Thu Jul 21 04:39:58 PDT 2011


This book appears to still be under US copyright, due to GATT
restoration.

As you know, the US in 1996 restored copyrights to certain works that
would have been copyrighted if they had followed all the requisite
formalities (such as renewal and registration), even if (as with
this work), there was no renewal filed.  (This is a post-1922
work, so it would still be copyrighted in the US if all
required formalities were followed.)  The requirements
for restoration were:

   1. author was citizen or resident of a non-US country that has
        copyright relations with the US
   2. the work was still copyrighted in that country
   3. the work was first published abroad more than 30 days before its
        first US publication.

1. Alice Campbell was born in the US, but by World War I (before she
published this book) she had moved abroad to Europe (initially France,
later England), as documented in http://mysteryfile.com/blog/?p=9779 .

2. She was still alive in 1926 (before _Juggernaut_ came out), so her 
work would still be copyrighted in both France and England in 1996,
which had life+70 years copyright terms by then.

3. The first US publication of _Juggernaut_ appears to be 1928,
according to WorldCat.  (Gutenberg's source text is dated 1929,
but earlier US editions were published in 1928.)  However, the work
was previously published in serial form in the British magazine
_Pall Mall_ as early as November 1927. See, for instance, this
copyright registration page
 
http://books.google.com/books?id=Aq4hAQAAIAAJ&lpg=PA19&ots=PEGZEv5vjt&dq=juggernaut%20%22pall%20mall%22%201927&pg=PA19#v=onepage&q=juggernaut%20%22pall%20mall%22%201927&f=false

in which chapters 11-16 are stated to have appeared in the December 1927
issue of Pall Mall, published November 6.  (I haven't looked directly at
that range of Pall Mall, but from a look at earlier issues, this
magazine appears to have been published only in Britain; I didn't see
any signs of editions or subscription solicitations for the US.)

For the time being, I'm not listing this work on The Online Books Page.
I would suggest reviewing its status for Gutenberg as well.  I
have not yet found information on the author's death date, so I can't
say at this point whether it would be suitable to put on Gutenberg
Canada or Australia, but it doesn't appear to qualify for Gutenberg US.

John Mark Ockerbloom



Al Haines wrote:
> Juggernaut, by Alice Campbell                                            27824
>   [Link: http://www.gutenberg.org/2/7/8/2/27824 ]
>   [Files: 27824.txt; 27824-8.txt]
> 
> Thanks to Al Haines
> 
> 
> Regards,
> Al
> 
> 




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