Legal Question in Intellectual Property in Iowa

I am a teacher, interested in using a particular textbook in my French class. ( I teach adults through a community education program.) However, the book I want to use is now out of print and has been since 2007. There are a few...very few...used copies available through Amazon but basically, the book is just not available. I asked the publisher (Barron's) if I could copy some or all of the book. Their attorney gave me the standard answer: I can copy 12 pages, distribute them gratis, and credit the author. My question for you is this: how long is an out-of-print book protected by a copyright? This is a small paperback, 116 pages, originally published in Germany in 1999 and then an English-language version was copyrighted by Barron's Educational Series in 2001. My plan, if I can do so without violating copyright laws, is to reproduce most of the book and either give it or sell it to my students. I am a retired attorney, in addition to being a French teacher, and I don't want to do anything illegal. On the other hand, if the book is no longer protected, I want to use it as I see fit. LYNN BOWMAN


Asked on 7/09/10, 12:49 pm

2 Answers from Attorneys
Kevin B. Murphy Franchise Foundations, APC

Google "copyright term calculator." According to the first result at Public Domain Sherpa, if the work was published before 1923, it�s in the public domain. But that is probably assuming published in the U.S. So you need to get the first date of publication in the U.S. Consult with an attorney in your area for specifics.

Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise

Franchise Attorney

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Answered on 7/09/10, 5:28 pm
Kevin B. Murphy Franchise Foundations, APC

At the end of the excellent online copyright tutorial found at Public Domain Sherpa, the author provides an email link for any questions.

Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise

Franchise Attorney

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Answered on 7/09/10, 5:59 pm


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