Public Domain Copyright
Public Domain Copyright Issues / Public Domain Copyright Searches

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Resolving Public Domain Copyright Issues

A general rule for determining whether a public domain book is in the public domain is to check if it is published. If the book is published and the copyright date is 1922 or before,then it is in the public domain.

But the real problem comes for works that are:

* Published after 1922 (1923 and onwards)
* Not published at all

For works published after 1922, there are several other criteria – yes, the copyright law becomes a bit convoluted, but here’s the gist of it:

* If the work is published before 1964 without copyright renewal, it is in the public domain.
* If the work is published before 1978 in the US without formal copyright notice, it is in the public domain.

And if these two conditions are satisfied (work is copyrighted and was renewed), we now enter the area of copyright law that has many content publishers protesting.

Essentially, the current copyright laws (based on the 1976 Copyright Act and the 1998 copyright extension) mean that any works published after 1922 (that have been copyrighted and renewed) cannot enter the public domain until 2019!

The good news is, if this can be called good news, that 2019 onwards, the public domain will start gaining a year’s worth of creative content every year. While this may seem like a long time to wait (and like I’ve shown in this book, there’s no need to wait that long), that is when the real power of the public domain will materialize (unfortunately, there are chances that the copyright laws will become even more stringent).

If the work has not been published, there is a simple method to find out if it falls into the public domain.

Unpublished works in the public domain begin with works created 120 years before the current year of reckoning, and for authors who died no later than 70 years before the present year. It simple terms, this means that if the current year is 2008 and you want to use an unpublished work as public domain, it has to be created in 1888 or earlier, and the author has to have died by 1938 or earlier.

If not, the work is not in the public domain.

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Public Domain Copyright Searches

When determining whether a document is in the public domain, should you pay for the copyright search or should you do it yourself? This is a good question, and the answer lies, as usual, in the method.

You should find two to three solid business ideas from confirmed public domain works (works published before 1922, or government publications, or works ‘donated’ to the public domain). You can then use them to start off two or three income streams, and once you have a small but steady income from your fledgling online business empire, expand by picking up more lucrative topics that may require more research and money.

Let’s face it: No one is going to help you build a fortune by selling you the content for $27, $47, $97 or even $197 if they could possibly use it themselves in a massive way and generate at least $1000 per month from it. Thus, what you are getting from public domain packages on the Internet is small stuff – works that you can use to get started, but definitely not your final destination.

Use these packages if you feel the need to get a quick start, but in the end, if you want to build a serious business, there is only one way to do it:

Do it yourself!

The fees charged by the Copyright Office are not too exorbitant ($70/hour for copyright search and an additional $80/hour for search report certification) and subject to change – you should contact the Copyright Office to confirm not only the rates, but also how much time they will need for the whole process (just give them the details of the work (title, author, etc) and they will give you an estimate.

Assuming that you have to spend $400 (a fairly high estimate) on copyright research, is it worth it?

If you’ve followed my advice, you would only go for a business idea (and thus a potential public domain work) if the returns were significant – say at least $1000 per month. If yes, then the initial investment might be worth it (you would easily recoup your investment within a month). On the other hand, if this was to be a $200 per month venture and you had to spend $600+ to set everything up, you might want to think twice (although in the long run you might still end up with a profit.

To your success

Andrew Gowans
Your Affiliate Coach
La Perla de Sta. Maria, C1
Avda. de Espana, Elviria
Marbella, 29604, Spain

Andrew Gowans is a successful internet marketing coach providing advice for web marketers and webmasters on how to develop and promote their websites and advance their online marketing businesses. His focused, straight-talking articles not only provide a well researched and in-depth resource of interesting and relevant information, but also provide the "how-to" means of making money online.

P.S.

If you prefer one-on-one coaching, I'd love to hear from you.

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