Legal Question in Intellectual Property in California

Is it true that any copyright that may have existed on the WWII love letters that I purchased at an auction has expired, leaving me the right to publish them?


Asked on 7/06/10, 7:51 am

1 Answer from Attorneys

Jim Betinol Withrow and Betinol Law

Whether the copyright to the material has expired does not prevent you from publishing the copyrightable work that you have ownership too. If the copyright to the material has expired, it is held to be in the public domain, which means you and everyone else can publish them without fear from being sued for copyright infringement, even if you do not own the copyright to the work.

Generally, the term of the copyright depends on when it was created and whether it was registered. World War II was between 1939 - 1945. Refer to the link to see if the copyrights to a material has expired.

http://inventors.about.com/od/copyrights/a/expiration.htm

I would suggest speaking to a intellectual property attorney to learn more about your rights and how to proceed, as there maybe other issues aside from the copyright that you will have to consider.

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.

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Answered on 7/06/10, 11:10 am


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