Rare Book Monthly

Articles - February - 2019 Issue

After a 20 Year Wait, Books Are Again Entering the Public Domain

Co-conspirators Mickey and Sonny.

Co-conspirators Mickey and Sonny.

The year 1923 may not have been the greatest one in literary history, but it brought the first published work by one of the century's most notable writers, Ernest Hemingway. Hemingway was only 24 years old when he published Three Stories and Ten Poems. The print run was around 300 copies. His later works would require more.

 

In the southern continent of America, another great twentieth century writer published his first work, Fervor de Buenos Aires. It, too, was published in 300 copies. Argentina's Jorge Luis Borges may well be South America's greatest writer of the century.

 

Kahlil Gibran was an unknown in 1923 when he published The Prophet, a bestseller to this day. Robert Frost was already established, though not yet the icon he would become, when he published New Hampshire. It included Stopping by Woods on a Snowy Evening. Winston Churchill was an established politician and writer, though his true greatness was yet to be realized in 1923 when he published The World Crisis. F. Scott Fitzgerald was between This Side of Paradise and his greatest novel, The Great Gatsby, in 1923 when he published the short story The Vegetable, which was made into a play. It flopped. Zelda wrote that many in the audience were bored or offended, some walking out. Scott became depressed and drank, the play serving as yet another excuse for him to drink.

 

As recently as December, if you had quoted extensively from these books, or anything else first published in America in 1923, you could have been sued for copyright infringement. Now, you may quote at will. You can even publish your own edition and not have to worry whether any of these long deceased authors, their heirs, or those who bought the rights to their works, will sue you. They can't. They are now in the public domain. The copyrights have expired. After a hiatus of 20 years, old books are once again making their way into the public domain. On January 1, 2019, books published in 1923 became public property. On January 1, 2020, the same will be true of books first published in 1924, and so on.

 

The previous year, 1922, had seen some major works first published, including James Joyce's Ulysses and T. S. Eliot's The Wasteland. They slipped into the public domain in 1997. Then, for 20 years, time stood still. Nothing became public again until January 1 last. What happened? You can place the blame for the long wait on Sonny Bono and Mickey Mouse.

 

In his post-Cher days, Sonny Bono became a congressman from California. He represented a district with show business celebrities, which Mickey Mouse certainly is. It's a bit unfair to malign Mickey. It was his corporate master, the Disney Company, that was much responsible for the long delay. In the 1990s, Disney recognized that Mickey, who first appeared in the cartoon Steamboat Willy in 1928, was approaching the public domain. They pushed for a delay, and with Sonny's help, they convinced Congress to pass the Sonny Bono Copyright Term Extension Act. It increased the term of copyrights from 75 to 95 years. That is why for the past 20 years, no copyrighted works have made their way into the public domain. Now the annual release of copyrights has finally started again, and each year, we can expect a new crop of works to pass into the public domain. At least we can expect that unless Disney and Mickey step in before 2023 and convince Congress to extend copyright protection again.

 

This annual process will continue until the last copyright granted prior to 1978 expires. That will be on January 1, 2073. For books published after 1977, a different rule applies. For those books, the copyright does not expire until the end of the author's lifetime plus 70 years. Under this rule, the length of copyrights becomes variable, books written earlier in life having longer copyright periods than those published later in life. Hemingway's Three Stories would have been protected until 2032 under this rule, 109 years, but his later works also would have had their protections expire in 2032. On the other hand, Gibran's Prophet would have lost its protection in 2002. He died three decades before Hemingway. As for Mickey Mouse, his copyright would have lasted until 2037. Technically, Mickey never died, but Walt Disney did, in 1966.

 

So how long before the copyright expires on Sonny's I Got You Babe, released in 1965? Sonny Bono died in 1998. January 1, 2069? Trick question. I Got You Babe was a duet with his then wife, Cher. The copyright expiration for a work by multiple artists is the date of death of the last survivor plus 70 years. Cher is still very much alive, and hopefully will be for a long time to come. This question is unanswerable at present.


Posted On: 2019-02-01 08:53
User Name: PeterReynolds

This article isn't very clear. You have to read several paragraphs into the text before it starts to become apparent that the author is talking about the very unusual copyright law of the United States of America. In the EU, the death+70 rule has already been in in effect for 25 years or so, and almost every country in the world apart from USA already has a death+50 or death+70 rule in place, now, not in 2073. See https://en.wikipedia.org/wiki/List_of_countries'_copyright_lengths


Rare Book Monthly

  • Bonhams, Apr. 8: First report outside of the colonies of the American Revolution, from American accounts. Printed broadsheet, The London Evening-Post, May 30, 1775. $20,000 - $30,000
    Bonhams, Apr. 8: Joyce, James. The earliest typescript pages from Finnegans Wake ever to appear at auction, annotated by Joyce, 1923. $30,000 - $50,000
    Bonhams, Apr. 8: Joyce's Ulysses, 1923, one of only seven copies known, printed to replace copies destroyed in customs. $10,000 - $15,000
    Bonhams, Apr. 8: ATHANASIUS KIRCHER'S COPY, INSCRIBED. Saggi di naturali esperienze fatte nell' Accademia del Cimento, 1667. $2,000 - $3,000
    Bonhams, Apr. 8: Bernoulli's Ars conjectandi, 1713. "... first significant book on probability theory." $15,000 - $25,000
    Bonhams, Apr. 8: Aristotle's Politica. Oeconomica. 1469. The first printed work on political economy. $80,000 - $120,000
    Bonhams, Apr. 8: John Graunt's Natural and political observations...., 1662. The first printed work of epidemiology and demographics. $20,000 - $30,000
    Bonhams, Apr. 8: William Playfair's Commercial and Political Atlas, 1786. The first work to pictorially represent information in graphics. $15,000 - $25,000
    Bonhams, Apr. 8: Anson's A Voyage Round the World, 1748. THE J.R. ABBEY-LORD WARDINGTON COPY, BOUND BY JOHN BRINDLEY. $8,000 - $12,000
    Bonhams, Apr. 8: La Perouse's Voyage de La Perouse autour du monde..., 1797. LARGE FINE COPY IN ORIGINAL BOARDS. $8,000 - $12,000
    Bonhams, Apr. 8: Francesca Woodman's Some Disordered Interior Geometries, 1981. Untrimmed publisher's proof sheets. $4,000 - $6,000
    Bonhams, Apr. 8: Charles Schulz original 8-panel Peanuts Sunday comic strip, 1992, pen and ink over pencil, featuring Charlie Brown, Snoopy and Lucy as a psychiatrist. $20,000 - $30,000
  • Dominic Winter Auctioneers

    April 9
    Printed Books, English Bibles, Maps & Decorative Prints
    Dominic Winter, Apr. 9: Johnson (C.). A General History of the Robberies and Murders of the most Notorious Pyrates, 1724. £3,000-4,000
    Dominic Winter, Apr. 9: Ordonez de Cevallos (Pedro). Viage del Mundo, 1st edition, Madrid: Luis Sanchez, 1614. £1,000-1,500
    Dominic Winter, Apr. 9: North America. Merian (Matthaus), Virginia..., 1627 or later. £1,500-2,500
    Dominic Winter Auctioneers

    April 9
    Printed Books, English Bibles, Maps & Decorative Prints
    Dominic Winter, Apr. 9: World. Waldseemuller (Martin), Tabula Nova Totius Orbis, Vienne: 1541. £2,000-3,000
    Dominic Winter, Apr. 9: Erasmus (Desiderius). The ... paraphrase of Erasmus... 2 volumes, 1st edition, 1549. £3,000-5,000
    Dominic Winter, Apr. 9: Bible [English]. [The Bible and Holy Scriptures conteyned in the Olde and Newe Testament, 1562]. £3,000-5,000
    Dominic Winter Auctioneers

    April 9
    Printed Books, English Bibles, Maps & Decorative Prints
    Dominic Winter, Apr. 9: Smith (Lucy). Biographical Sketches of Joseph Smith the Prophet, 1st edition, 1853. £1,000-1,500
    Dominic Winter, Apr. 9: Derain (Andre). Pantagruel, signed limited edition, Albert Skira, 1943. £2,000-3,000
    Dominic Winter, Apr. 9: Austen (Jane). Pride and Prejudice, illustrated by Hugh Thomson, Large Paper edition, 1894. £1,500-2,000
    Dominic Winter Auctioneers

    April 9
    Printed Books, English Bibles, Maps & Decorative Prints
    Dominic Winter, Apr. 9: Ellison (Ralph). Invisible Man, 1st edition, New York: Random House, 1952. £200-300
    Dominic Winter, Apr. 9: Taschen Collector's Edition. Annie Leibovitz, limited edition, 2014. £1,000-1,500
  • Sotheby's
    Sell Your Fine Books & Manuscripts
    Sotheby’s: The Shem Tov Bible, 1312 | A Masterpiece from the Golden Age of Spain. Sold: 6,960,000 USD
    Sotheby’s: Ten Commandments Tablet, 300-800 CE | One of humanity's earliest and most enduring moral codes. Sold: 5,040,000 USD
    Sotheby’s: William Blake | Songs of Innocence and of Experience. Sold: 4,320,000 USD
    Sotheby’s: The Declaration of Independence | The Holt printing, the only copy in private hands. Sold: 3,360,000 USD
    Sotheby's
    Sell Your Fine Books & Manuscripts
    Sotheby’s: Thomas Taylor | The original cover art for Harry Potter and the Philosopher's Stone. Sold: 1,920,000 USD
    Sotheby’s: Machiavelli | Il Principe, a previously unrecorded copy of the book where modern political thought began. Sold: 576,000 GBP
    Sotheby’s: Leonardo da Vinci | Trattato della pittura, ca. 1639, a very fine pre-publication manuscript. Sold: 381,000 GBP
    Sotheby’s: Henri Matisse | Jazz, Paris 1947, the complete portfolio. Sold: 312,000 EUR

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