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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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. Attorney answers (3)
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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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 1 person marked this answer as good
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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