Lawyers specializing in the public domain?

Discussions of new films, books, television shows, and media indirectly related to magic and magicians. For example, there may be a book on mnemonics or theatrical technique we should know or at least know about.
The Burnaby Kid
Posts: 38
Joined: February 6th, 2018, 3:29 am

Lawyers specializing in the public domain?

Postby The Burnaby Kid » February 13th, 2018, 9:34 am

Hey, sorry if this is the wrong spot, I can repost the question elsewhere if there's a better spot for it.

I've got a question for those hip to the publishing jive. I'm putting together a manuscript that uses a few items from books that are in the public domain. With a couple of them, I'm confident about their status, but with a couple of others, not so much.

As such, I'm looking to find a lawyer who specializes in this sort of thing. None of the titles show up in the relevant searches, but I want to make sure I'm doing things properly and not infringe on anybody's stuff.

All the books are American. I'm outside the States and would have to do stuff via correspondence. I'm willing to explore whatever payment method makes sense.

Thanks if you read this far! Any guidance on where I should start looking, or people I should start contacting?
JACK, the Jolly Almanac of Card Knavery, a free beginner's resource for card magic.

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Richard Kaufman
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Re: Lawyers specializing in the public domain?

Postby Richard Kaufman » February 13th, 2018, 10:56 am

Anything prior to 1923 is public domain.
You can do searches online back to a certain year, for the rest you have to go to the copyright office and do the search in person.
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performer
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Joined: August 7th, 2015, 10:35 pm

Re: Lawyers specializing in the public domain?

Postby performer » February 13th, 2018, 11:16 am

Just write the idea up in your own words. Ideas are not copyright. The actual wording is. You can still credit the originator.

The Burnaby Kid
Posts: 38
Joined: February 6th, 2018, 3:29 am

Re: Lawyers specializing in the public domain?

Postby The Burnaby Kid » February 13th, 2018, 11:20 am

Richard,

Given my geographical situation, would that mean I'd be looking to get the services of somebody who lives in Washington DC?
JACK, the Jolly Almanac of Card Knavery, a free beginner's resource for card magic.

Bill Evans
Posts: 114
Joined: March 11th, 2008, 4:56 pm

Re: Lawyers specializing in the public domain?

Postby Bill Evans » February 13th, 2018, 11:54 am

Send me an email at wevans@cecb.com and I will point you in the right direction.

Tarotist
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Joined: July 29th, 2021, 7:16 am
Favorite Magician: David Nixon

Re: Lawyers specializing in the public domain?

Postby Tarotist » June 28th, 2023, 7:17 am

performer wrote:Just write the idea up in your own words. Ideas are not copyright. The actual wording is. You can still credit the originator.


What the hell do you need a lawyer for? As this quoted post says you can take any trick you want and providing you use your own words to describe the trick or idea you are in the clear. What you are not supposed to do is lift the actual wording. You can credit the originator if you want to but that is an ethical decision, not a legal one. You can steal a new trick from a recent book and claim it to be yours if you are of an unscrupulous nature as long as you do so in your own words.

Besides, as Robert Orben once wrote 99% of lawyers give the rest a bad name

Chris Aguilar
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Joined: January 17th, 2008, 12:00 pm
Location: Sacramento
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Re: Lawyers specializing in the public domain?

Postby Chris Aguilar » June 28th, 2023, 11:04 am

A few years on from the original post, the public domain cutoff in the US is now anything before January 1, 1928.


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