Google book settlement -- DENIED

[Dan Goncharoff]

I have seen books previously in the public domain become unavailable when a
reprint is issued, and then come back again.

DanG

On Tue, Apr 5, 2011 at 4:26 PM, Ken Hirsch <kenhirsch at ftml.net> wrote:

> ---------------------- Information from the mail header
> -----------------------
> Sender:       American Dialect Society <ADS-L at LISTSERV.UGA.EDU>
> Poster:       Ken Hirsch <kenhirsch at FTML.NET>
> Subject:      Re: Google book settlement -- DENIED
>
> -------------------------------------------------------------------------------
>
> On Tue, Apr 5, 2011 at 2:28 PM, Wilson Gray <hwgray at gmail.com> wrote:
>
> > On Tue, Apr 5, 2011 at 1:08 PM, Ken Hirsch <kenhirsch at ftml.net> wrote:
> > > Works published before 1923 are in the public domain.
> >
> > Apparently, this is fact is of consequence only in the case of works
> > *that have not been reprinted since then*, even in those cases in
> > which the reprint is now out of print, too. Indeed, the stricture
> > preventing Google Books from providing so much as a snippet holds even
> > when the reprint has been merely "forthcoming" for over a decade and a
> > half.
> >
> > --
> > -Wilson
> >
>
> That's not my understanding. I believe that everything published in the
> U.S=
> .
> before 1923 is definitely in the public domain and Google can do what they
> want with it. Essentially everything published outside the U.S. before 1923
> is in the public domain here and, mostly, elsewhere.
>
> There were provisions in the proposed settlement about classifying books as
> in-print/out-of-print and that did include reprints, but this determination
> did not apply to public domain works.  For example:
>
> "(1) In-Copyright Principal Work.
>
> If a Book=92s Principal Work is not in the public domain under the
> Copyrigh=
> t
> Act in the United States and that Book is Commercially Available, then any
> other Book that has the same Principal Work (such as a previous edition) is
> also deemed to be Commercially Available, whether or not such other Book is
> at the time in question also Commercially Available."
>
>
> There are certainly 19th-century books available freely on Google Books
> today that also have reprints available.
>
> Ken
>
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