Legal Question in Intellectual Property in California

Work that is published between 1923 to 1977 in the US but without copyright notice is held to be in the public domain for to failure to comply with required formalities. However, work in the public domain can be restored out of the public domain but it must meet all of the following.

1. The work was first published outside the US, and US publication did not occur within 30 days for the publication abroad.

2. At the time the work was created, one of the author must have been a citizen or resident of a county that has foreign copyright relation with the US. (Berne Convention, etc.)

3. The only reason why the work is in the public domain in the US is because it failed to follow formalities imposed at any time by US law.

4. As of 1/1/96 the work was still protected by the copyright in its source country.

If you believe that you work may fit the criteria's above, you should contact me or an attorney in your area to discuss how to protect the work.

Goodluck,

Jim Betinol

Partner

Withrow and Betinol Law

www.wibelaw.com

E: [email protected]

P: 424.229.2560

F: 424.258.7001

Disclaimer: This communication does not create an attorney-client relationship and such a relationship can only be formed through a signed written agreement. This communication is not legal advice and should not be solely relied upon in making your legal decisions. Any situation depends on many different facts and specific laws that require an in-depth legal consultation to evaluate the best solution for your needs.