Reconsider - 1939 Uncoprighted Catalog - Can it now be copyrighted by me?

I have an uncopyrighted Lenox Incorporated company catalog dated 1939. Data includes 3 thousand shapes and 4 thousand decorations of the first 50 years of Lenox. There are no copyright symbols only the company name "Lenox Incorporated Trenton NJ" at the bottom of each page. This historical data would be well received by Lenox collectors.The catalog includes alternating pages of photos and data along with the 1939 prices.
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This work was obviously published without registration or copyright in 1939. It apparently received a fairly wide distribution. Notice the use of the the words dedicated and at your disposal. Cover letter inside declares. "To our many friends who have helped us during the past 50 years to build our business, both by their patronage and counsel, and to those whom we hope to be of service in years to come, we dedicate this volume of Lenox achievements.
Even though incomplete, we trust this partial compilation of our three thousand shapes and four thousand decorations, which have been developed during the last half century will be of value in our business relations.
From time to time, additions will be made of new shapes and designs, as well as old ones not as yet included in this volume, so that you will have at your disposal a complete catalogue of Lenox productions. Lenox Incorporated H.A Brown President Oct 20, 1939"
Research - Uncatalogued with copyright office, unlisted in renewals.
LAW -Works published in 1939 without registration or copyright were injected into the public domain. I understand that Lenox could try to claim it was unpublished, for internal use only. The cover letter pretty well refutes that claim.
Remember the laws for PUBLISHED works were different in 1939 than for today.
Now my goal is to copyright my electronic rendering of this material and distribute to collectors as reference guide. I would appreciate any suggestion on keys areas of consideration.
I welcome your arguments.
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I'm also seeking a business relationship with a good copyright laywer to work with me in securing a legal copyright and taking this to publication.
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Answers (3)

Oscar Michelen

Oscar Michelen

Contributor Level 7
This really does not change my prior answer to your earlier post. Your own question states "works published in 1939 without registration or copyright were injected into the public domain." That statement does not help your position since one cannot copyright what is in the public domain. My suggestion is that you write a review or analysis of the catalog which would be an original piec of work. If the pictures are in the public domain, you can then use them in your review of the catalog or the analysis (in fact, even if they were still copyrighted by Lenox, this would likely be a 'fair use" anyway) I would be glad to assist you in copyrighting this if you are interested in proceeding in this fashion.
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Bradley D Smith

Bradley D Smith

Contributor Level 2
You are right to point out that the Copyright Act of 1909 (which I believe applies to the 1939 work) had strict notice and registration requirements. A closer look at the works and the surrounding facts could verify whether the Lenox catalog currently enjoys any copyright protections.

Whether you can create a copyrightable work in the "electronic rendering" of the 1939 Lenox material will likely depend on the renderings's organization and artistic elements. The public would be free, however, to copy the ideas and data and to improve upon the reference guide. Ideas and data cannot enjoy copyright protection.

Brad Smith

Brad@FranchiseSmith.com
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Dineen Pashoukos Wasylik

Dineen Pashoukos Wasylik

Contributor Level 3
In order to obtain copyright in a work that is derivative of something in the public domain, you have to add your own originality to it. Assuming you are correct that this is in the public domain (a problem I am not attempting to analyze here), what originality can you add to the materials? Simply converting it to electronic form likely is not enough. Writing your own original materials as introductions and to update what was already there for each of the old entries will give you verifiable original expression. Choosing a different organizational theme than presented in the original might enable you to claim copyright in the originality of the newer compilation. The copyright in such minor changes would be considered "thin" but it might give you enough to claim protections should someone else get the same idea and their own copy of this old work.
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