Legal Question in Intellectual Property in California

Re: Copywrite

Check with publisher and/or review author contract. Don't assume rights have reverted back to author.

Re: Copywrite

Out of print has nothing to do with the copyright status, so that would be a bad assumption. Checking with the publisher and the Copyright Office to determine the status of the rights is the next step. You may want to seek the assistance of a copyright law attorney.

Re: Copywrite

Your friend cannot assume that he is free to take on reprinting the book. Even though it's out of print, there still may be a contract with the publishing company. He should contact McGraw-Hill to determine what his options are under the contract. As to "public domain," copyrights in the U.S. remain the in the "private domain" as follows:

For works created on or after January 1, 1978: copyright lasts for life of author plus 70 years.

For pre-1978 works still protected by their original or renewed copyright: the total length of their copyright is extended to 95 years from the date the copyright was originally secured.

Works for hire, anonymous and pseudonymous works: copyright lasts for 95 years from the year of first publication or 120 years from the year of creation, whichever expires first.

Works created but not published or registered before January 1, 1978: the copyright lasts for the life of the author plus 70 years (but in no case to expire before 12/31/2002).

Please note that the above does not apply to certain classes of works (such as motion pictures, etc.). For joint works of authorship, the term is measured by the life of the longest-lived author.