Re: copyright

From: Jim Carlile (email suppressed)
Date: Mon Feb 18 2008 - 03:01:20 PST

I had a little time tonight and did a quick search of whether or not the
Library of Congress actually had copies of the L.A. Free Press, regarding Gene's
original question about copyright.
They do.
What this means is that Art Kunkin must have abided by the deposit
requirement of the pre-1978 copyright law, and he actually sent the LC the required
copies. So, if the 'C' notice is on the issues, the papers were indeed
copyrighted, and are still in copyright.
As before, these online public domain charts are actually omitting a very
important condition of pre-78 copyright-- the requirement to send the LC the
two-copy deposit. Without that, the copyright was void. This is as I remember
it back then, but the charts now only say something like, 'with notice,
copyright is in effect,' when in fact, it was notice AND deposit.
This could be a wrinkle for some creators, who may not have done so. So if
the LC doesn't have pre-78 copies of PUBLISHED works, they might be in public
domain-- because they always were. This does not apply to unpublished works,
which the '78 law automatically put into copyright without any conditions.
If in doubt, check the LC catalog-- for most things, copyright is the reason
why the LC has them.
It's an interesting topic because it may be that much "published" pre-'78
ephemera was never in copyright at all, even if their creators think it is now.
Los Angeles free press.
LC Control No.: 79008348 LCCN Permalink: _
( Type of Material: Serial (Periodical, Newspaper,
etc.) Main Title: Los Angeles free press. Variant Title: Introductory issue
published as: Faire free press May 23, 1964 Running Title: Free press
Serial Key Title: Los Angeles free press Published/Created: Los Angeles, Calif. :
Art Kunkin, 1964-1978. Description: v. : ill. ; 15-47 cm. Vols. for
<1969-> issued in 2 pts. Issues for <Oct. 9, 1970-May 9, 1975> called also <issue
no. 325-564>. Vol. 1, no. 1 (May 25, 1964)-v. 15, no. 12 (Apr. 3, 1978).
Current Frequency: Weekly ISSN: 0024-6573 Cancelled/Invalid LCCN: sn
78001603 Notes: Published by: New Way Enterprises, <Vol. 10, no. 36 (Sept. 7,
1973)-vol.11, no. 32 (Aug. 9, 1974)>. SERBIB/SERLOC merged record Additional
Formats: Available also on microfilm from University Microfilm (Underground
Newspaper/Press Collection) and Bell & Howell Co. Microfilm (OCoLC)9285554
Microfilm (OCoLC)7524708 Subjects: _Underground press
publications--California--Los Angeles._
s.) _Los Angeles (Calif.)--Newspapers._
wspapers.) _Los Angeles County (Calif.)--Newspapers._
es+County+(Calif.)+Newspapers.) United States--California--Los
Angeles--Los Angeles. Form/Genre: _Underground newspapers--California--Los Angeles.
( LC
Classification: AP2 .L813 Dewey Class No.: 051 Postal Registration No.: 319520 USPS
Other System No.: (OCoLC)ocm01695797 Geographic Area Code: n-us-ca Quality
Code: lc nsdp

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