Copyright question - SOLVED

Maybe write Hamilton for permission?

Was it that expensive to print? Seems like a lot of energy to recoup a few dollars

I am not a lawyer but I got a little bit of training in copyright as part of working in large library system. There are a lot of unknowns here - Did they file for copyright at all? Did they renew it when it was up for renewal? Works created now have copyright even if copyright is not filed, but filing for copyright allows the copyright holder to receive punitive damages as well as actual damages. I'd have to check about the situation in 1946, though.

Fair use is a multipart test, with no one part being an absolute justification for abridging copyright:

- What is the purpose of the use? If it's education it leans toward more excusable than if it's to make money.
- What kind of work is it? Was selling this work their business, or is it a biproduct of their business?
- How much of the work are you using? Is this a few pages out of a book, a complete chapter, or the complete work?
- How much impact on the market are your copies going to have? Are they still selling this booklet, are you satisfying a large percentage of the demand for it, or very little?

All parts must be considered, not just one.

It sounds like putting it on the internet was probably a violation in the first place, if Hamilton did not give permission.

Selling them means you've lost point 1, and by reproducing the complete book you've lost point 3, and point 4 is hard to determine since it's already on the internet.

If it was me, frankly, I'd just keep my copy. Or write to Hamilton asking permission. Maybe you'd motivate them to start selling copies of their pamphlet 😀

The cost of just asking the lawyer is probably more than the booklets. Keep the copies for personal use to keep you out of any lawyer's crosshairs. Just the cost of a filing fee in small claims type courts ($100-$500 USD) is more than the cost of the books and that cost would be expected to be reimbursed as part of any legal settlement. Attorney fees for bringing the claim could also apply and potentially, you could be responsible for their attorney fees as well. Others costs could be applicable as well depending on your jurisdiction and even the country of lawsuit. It can get sticky quick. Message me if you have more detailed questions as my legal advice (TN-USA lawyer) is very broad given the limited facts presented. Could also be issue with download license as well.

As an aside, that looks like an excellent job in printing the book.

Isn't copyright for only 70 years unless renewed? If so, then it is already expired.

Give them away for free and just charge $10 shipping. Problem solved

The Library of Congress doesn't assign ISBNs, Bowker's assigns publishers' ranges and individual numbers are assigned by the publishers (in the U.S.). The 1946 version of this booklet wouldn't have one anyway; the first ISBNs were used starting in the early 1970s. In general, there's not a great way to find out if a copyright was filed. Significant parts of the copyright files have not been put online, so you have to pay the Copyright Office more than these copies would be worth to search their paper files.

Copyrights used to be for 28 years with an optional renewal possible for a second 28-year term. Now the renewal is not required, and the term is life of the author plus 70 years, or 95 years for works for hire or anonymous works. But the longer term was applied retroactively to anything that was still within copyright when the changeover happened.

If you just keep one for yourself and give them away to a few friends, it seems unlikely that Hamilton will care. Start selling them, however, and they could get testy.