unpublished public domain

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• August 18, 2004 @ 8:03pmetgwrg says:

  Has anyone had any experience with the recently created unpublished public domain?
• August 25, 2004 @ 12:36pmJPilch says:

  Do you mean works created before January 1, 1978 but not published, many of which entered the public domain on January 1, 2003? I don’t have any experience with this, but as long as you are sure that the work is in the public domain on the basis of the copyright term (life plus 70 years or December 31, 2002, whichever is greater), then you should feel free to use the work without seeking permissions.
• March 19, 2005 @ 12:31pmRamose says:

  This might be trickier than it appears.
  
  How do you in fact determine that the work is unpublished?
  
  For example, what if copies have been placed in public libraries, between 1978 and 2002. That would apparently constitute publication, according to some legal theories.
  
  Even a single copy placed without access restrictions in an obscure library might qualify as publication.
• March 28, 2005 @ 7:45amCOvalle says:

  Putting something in a library (or archive) isn't necessariliy publication, though.
• March 29, 2005 @ 7:41amRamose says:

  "Putting something in a library (or archive) *isn't necessariliy* publication, though."
  
  But there's the rub. Might be, or might not be. And how can you determine that a copy wasn't placed in some library between 1978 and 2002 without access restrictions?
  
  If there is unrestricted public access, that would appear to constitute publication.
• March 29, 2005 @ 7:59pmCOvalle says:

  [quote]
  But there's the rub. Might be, or might not be. And how can you determine that a copy wasn't placed in some library between 1978 and 2002 without access restrictions?
  
  If there is unrestricted public access, that would appear to constitute publication.[/quote]
  
  The placement would have had to have been done with permission of the copyright holder, I believe. If it was, that might be considered publication in the legal sense. If it was placed there without permission of the author, I think I think the situation becomes trickier.
  
  Either way, though, I think we'd need some kind of record, permission, or copy to show that it was published (placed in that library in this case). If we don't have that record, we can't prove the fact if it ever came to court (I think).
  
  That's my humble non lawyer opinion. ^_^
• April 1, 2005 @ 3:06pmCOvalle says:

  and for futher nonlawyer opinion after talking to a lawyer about a similar topic, it would appear that different lawyers have different ideas about what constitutes "published." I'd consult general counsel, if you have counsel available.

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