Category Archives: Public domain

Happy Public Domain Day 2019!

Today is Public Domain Day 2019, which means (finally!) the end of copyright for works first published in the U.S. in 1923. You are now free to use, reprint, quote, remix, or create your own derivative works from 1923 works without permission from or payment to the copyright holders, who would be the descendants or estates of the long-dead creators.

Specific works from a wide range of authors entered the public domain today, including Robert Frost, Winston Churchill, Agatha Christie, Edgar Rice Burroughs, Kahlil Gibran, Aldous Huxley, D.H. Lawrence, Edith Wharton, P.G. Wodehouse, Ernest Hemingway, Sigmund Freud, Willa Cather, Joseph Conrad, H.G. Wells, Virginia Woolf, George Bernard Shaw, Wallace Stevens, William Carlos Williams, Rudyard Kipling, e.e. cummings, E.M. Forster, Zane Grey, Arthur Conan Doyle, and many others.

The full texts of the 1923 books that have already been scanned by the Internet Archive, Hathi Trust, and Google Books will be made publicly available on their websites, and I’m sure many more 1923 works will soon be scanned by these and other institutions. And every January 1st the public domain will gain another year’s treasures, which will be especially important to authors, scholars, artists, and researchers.

For decades, only works published in the U.S. through 1922 have been in the public domain, as Congress repeatedly and retroactively extended the length of copyright terms. Most works published between 1923 and 1977 currently have copyright protection for 95 years, so 1923 works enter the public domain on the first day of 2019, 1924 works on the first day of 2020, and so on. (So F. Scott Fitzgerald’s The Great Gatsby, first published in 1925, won’t enter the public domain for another two years.)  However, books published today don’t enter the public domain until 70 years after the death of the author. It’s all ridiculously complicated, so see this chart of Copyright Term and the Public Domain in the United States from Cornell University for details and exceptions.

Here are some recommended links for more information and lists of some of the 1923 works that entered the public domain today:

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The Great Gatsby was published 88 years ago today but won’t enter the public domain until 2021

F. Scott Fitzgerald’s The Great Gatsby was published 88 years ago today, on April 10, 1925.

Gatsby

However, this work won’t enter the public domain in the U.S. until January 1, 2021. That’s because the Sonny Bono Copyright Term Extension Act extended the copyright term to 95 years after publication for books published between 1923 and 1962 (if published with a copyright notice and if the copyright was renewed). Copyright law is ridiculously complicated, so right now the only works you can be sure are in the public domain in the U.S. are those published before 1923. So This Side of Paradise and The Beautiful and Damned are in the public domain, but The Great Gatsby and Tender is the Night are not. This 2011 Duke University Libraries post summarizes the Fitzgerald copyright situation.

Books published today enter the public domain 70 years after the death of the author. Here are some links for more information about our crazy and complicated copyright system:

Update, January 1, 2019: My new blog post about Public Domain Day 2019— works first published in the U.S. in 1923 are now free of copyright, but we still have to wait another two years for The Great Gatsby to enter the public domain.

A final post on Cooks Source (updated)

Over the weekend, the Daily Hampshire Gazette posted an article by Dan Crowley containing an interview with Judith Griggs about the Cook Source copyright infringement kerfuffle. (See my two previous posts for background.)

I found the article rather sad, as she still doesn’t seem to get it. She admits printing Monica’s article without permission was wrong but continues to make vague excuses about overwork (she and her daughter run the magazine alone) and her “shortcomings when it comes to understanding copyright law.” She clearly doesn’t understand that what sent everyone into a frenzy was the tone and content of her truly extraordinary e-mail to Monica. It was just so wrong, arrogant, and unintentionally funny that it became an instant meme.

And now she has replaced her previous unsigned statement on the Cooks Source website with a new one, full of anger and self-pity (and lots of spelling and punctuation errors):

Its sad really. The problem is that I have been so overworked and stretched that when this woman — Monica — contacted me, I was on deadline and traveling at the rate of 200 mile a day for that week (over 900 in total for that week), which I actually told her, along with a few other “nice” things, which she hasnt written about. I was stupid to even answer her that night, her email to me was antagonistic and just plain rude and I was exhausted. But I got suckered in and responded. She doesnt say that she was rude, she doesnt say that I agreed (and did) to pay her. It was my plan to contact her after deadline and have a good discussion about it….

I should add that this email exchange took place the day before she wrote her article for the world. After she (likely) received my email, she called the home office phone at 10PM, I didnt answer that late, was in bed as I was traveling again the next day (left at 7AM the next morning) to Connecticut, and didnt get back to her. This is not an uncommon practice with anyone, to not respond to a phone call for a day or two, it happens to me from other businesses, all the time. I came home that day from being in Connecticut to find hundreds of phone messages and emails telling me I sucked and was a dirtbag… and much MUCH worse.

I really wish she had given me a chance to respond to her before blasting me. She really never gave me a chance….

This is how it happened:
When putting together a magazine, a publishing firm usually has a staff of many, a stable of writers and proofreaders. Cooks Source doesnt, it is just us two…and believe me we would if we could use more help. Consequently I do much, have a few stalwart writers who love to write (for free) and a number of publishers and book agents who send me A LOT of books, recipes, press releases, etc — I recieved one even today. In the past I have also assisted budding writers with their writing skills and given them a portfolio piece they can get jobs with, from magazines and newspapers that will pay them. In short, we do a lot of good, sell a lot of books for authors, and help a lot of people. But one night when working yet another 12 hour day late into the night, I was short one article… Instead of picking up one of the multitude of books sent to me and typing it, I got lazy and went to the www and “found” something. Bleary-eyed I didnt notice it was copy written and reordered some of it. I did keep the author’s name on it rather than outright “stealing” it, and it was my intention to contact the author, but I simply forgot, between proofreading, deliveries, exhaustion….

The bad news is that this is probably the final straw for Cooks Source. We have never been a great money-maker even with all the good we do for businesses. Having a black mark wont help…and now, our black mark will become our shroud. Winters are bleak in Western New England, and as such they are bleak for Cooks Source as well. This will end us….

Thank you to all our readers, thanks to all our advertisers and writers… and to everyone who has been supportive and who has been a part of Cooks Source. To one writer in particular, Monica Gaudio, I wish you had given me a chance.

You can read the whole thing here.

What a shameful way for Judith Griggs to exit the stage.

Update 1: Here’s Monica’s response.

Update 2 (11/17/10, morning): In a new article in the Daily Hampshire Gazette, Dan Crowley reports that Judith Griggs is officially shutting down Cooks Source magazine:

“Cooks Source is gone,” Judith D. Griggs said Tuesday, just days after personally distributing her last issue of the free magazine in western New England. “It’s done.”… In a phone interview Tuesday, Griggs said she will leave her statement up a few more days before eliminating the Cooks Source website altogether.

Update 3 (11/17/10, afternoon): The Cooks Source website is gone. Here’s the Google cache of Judith Griggs’ final statement.

Monica Gaudio has posted copies (with dates) of all of her e-mails to Judith Griggs, but she can’t publish the full text of the e-mails she received without permission.

But honestly, Cooks Source, your apology needs work

The Cooks Source website has been replaced with an unsigned statement (in serious need of editing) which eventually gets around to apologizing for the unauthorized publication of Monica Gaudio’s article in a very passive “mistakes were made” way. Without explicitly acknowledging that their entire business model appeared to be based on reprinting articles from food blogs and websites without permission or payment (see Ed Champion’s post identifying other articles as well as this spreadsheet listing the original sources of dozens of articles reprinted in Cooks Source), they do promise to change their ways.

Much of the statement is actually about the attacks on the Cooks Source Facebook page, the fake Facebook pages and Twitter accounts, and the harassment of advertisers. (The situation clearly escalated out of control and did lead to cyber-bullying and trolling. I don’t have a lot of sympathy for Judith Griggs because of her copyright infringement and her shocking and arrogant e-mail to Monica, but the rampaging internet hordes went too far with the personal attacks and the harassment of the advertisers.)

Here’s what the statement says about the misuse of Monica’s article and future changes:

Last month an article, “American as Apple Pie — Isn’t,” was placed in error in Cooks Source, without the approval of the writer, Monica Gaudio. We sincerely wish to apologize to her for this error, it was an oversight of a small, overworked staff. We have made a donation at her request, to her chosen institution, the Columbia School of Journalism. In addition, a donation to the Western New England Food Bank, is being made in her name. It should be noted that Monica was given a clear credit for using her article within the publication, and has been paid in the way that she has requested to be paid.

This issue has made certain changes here at Cooks Source. Starting with this month, we will now list all sources. Also we now request that all the articles and informational pieces will have been made with written consent of the writers, the book publishers and/or their agents or distributors, chefs and business owners. All submission authors and chefs and cooks will have emailed, and/or signed a release form for this material to Cooks Source and as such will have approved its final inclusion. Email submissions are considered consent, with a verbal/written follow-up….

However: Cooks Source can not vouch for all the writers we have used in the past, and in the future can only check to a certain extent.

That’s nice– blame unnamed writers for the magazine’s repeated copyright infringement. I don’t think that will get you off the hook when the lawyers from Food Network and Martha Stewart come knocking.

You can read the whole statement here.

John Scalzi gave the apology a D+. What do you think?

If you somehow missed the original kerfuffle, see my previous blog post, “No, the web is not ‘public domain.'”

Update: I love this very funny “slightly corrected” version of the Cooks Source statement on the KitchenMage blog.

No, the web is not “public domain”

If you haven’t been following the mind-boggling copyright infringement kerfuffle that’s currently setting the web on fire, here’s a quick recap. A copyrighted article was copied off a website and published in a print magazine named Cooks Source without the knowledge or consent (or payment) of the author, Monica Gaudio. When Monica found out, she contacted the magazine’s editor, Judith Griggs:

After the first couple of emails, the editor of Cooks Source asked me what I wanted — I responded that I wanted an apology on Facebook, a printed apology in the magazine and $130 donation (which turns out to be about $0.10 per word of the original article) to be given to the Columbia School of Journalism.What I got instead was this (I am just quoting a piece of it here:)

“Yes Monica, I have been doing this for 3 decades, having been an editor at The Voice, Housitonic Home and Connecticut Woman Magazine. I do know about copyright laws. It was “my bad” indeed, and, as the magazine is put together in long sessions, tired eyes and minds somethings forget to do these things.

But honestly Monica, the web is considered “public domain” and you should be happy we just didn’t “lift” your whole article and put someone else’s name on it! It happens a lot, clearly more than you are aware of, especially on college campuses, and the workplace. If you took offence and are unhappy, I am sorry, but you as a professional should know that the article we used written by you was in very bad need of editing, and is much better now than was originally. Now it will work well for your portfolio. For that reason, I have a bit of a difficult time with your requests for monetary gain, albeit for such a fine (and very wealthy!) institution. We put some time into rewrites, you should compensate me! I never charge young writers for advice or rewriting poorly written pieces, and have many who write for me… ALWAYS for free!”

That’s the very definition of chutzpah.

This is a case of copyright infringement, not plagiarism. It would have been plagiarism if the magazine had published the article without crediting the original author. The magazine made unauthorized use of material protected by copyright. This could be quickly resolved if both parties reach a settlement, or else the magazine could theoretically be sued and face financial penalties, though that is unlikely, as the legal fees would be prohibitive. However, I suspect the magazine is not long for this world, as on the magazine’s Facebook page advertisers are pulling out and people are identifying other examples of copyright infringement. If they’ve copied material from major food magazines or websites with deep pockets and lawyers, they’re toast.

Some related links:

Update 1: A post on “How Publishing Really Works” has more information and links, and it points out a new Facebook page for reporting the original sources of other articles published in the magazine, which apparently include the websites of Food Network, Paula Deen, and Martha Stewart, among other big names.

Update 2: BoingBoing, Gawker, and The Consumerist have now picked up the story, and the Twitter storm continues to grow.

Someone other than Google is digitizing and selling public domain library books

Last month I blogged about Google partnering with the makers of the Espresso Book Machine to print 2 million public domain works on demand. Yesterday DigitalKoans reported that the New York Public Library has joined the Kirtas Technologies Digitize-on-Demand program to digitize and sell public domain works. Here’s an excerpt from the Kirtas press release:

Readers and researchers looking for hard-to-find books now have the opportunity to dip into the collections of one of the world’s most comprehensive libraries to purchase digitized copies of public domain titles. Through their Digitize-on-Demand program, Kirtas Technologies has partnered with The New York Public Library to make 500,000 public domain works from the Library’s collections available (to anyone in the world).

“New technology has allowed the Library to greatly expand access to its collections,” said Paul LeClerc, President of The New York Public Library. “Now, for the first time, library users are able to order copies of specific items from our vast public domain collections that are useful to them. Additionally the program creates a digital legacy for future users of the same item and a revenue stream to support our operations. We are very pleased to participate in a program that is so beneficial to everyone involved.”

Using existing information from NYPL’s catalog records, Kirtas will make the library’s public domain books available for sale through its retail site before they are ever digitized. Customers can search for a desired title on http://www.kirtasbooks.com and place an order for that book. When the order is placed, only then is it pulled from the shelf, digitized and made available as a high-quality reprint or digital file.

What makes this approach to digitization unique is that NYPL incurs no up-front printing, production or storage costs. It also provides the library with a self-funding, commercial model helping it to sustain its digitization programs in the future. Unlike other free or low-cost digitization programs, the library retains the rights and ownership to their own digitized content…

Kirtas currently has 13 partnerships with universities and public libraries to make special collections available for sale online. Virtually any library with a modern records database and valuable collections can participate in the Digitize on Demand program.

This is an interesting model, as books don’t have to be scanned until someone requests a copy, unlike Google’s random and expensive “scan first” method. But the Kirtas Books website (www.kirtasbooks.com) is surprisingly clunky, unattractive, and awkward to use, and it looks like it takes 3 to 4 weeks to have a book scanned (books that have already been scanned are available for instant download). For the titles I’ve browsed, digital files are $1.95, paperbacks are an additional $8.05, and hardcovers are an additional $18.05. The powerful and easy to use Google Book Search (and its free digital files of public domain works) wins hands down, so I don’t see myself using Kirtas Books unless I want a copy of a work that Google hasn’t yet scanned.

Update: A commenter has noted that the book scans done by Kirtas Books are much better than those done by Google. If that’s true, then I may have been too quick to assume that I wouldn’t order from Kirtas unless I couldn’t get something from Google. I should order some books from both Kirtas and the Espresso Book Machine and compare them. (I stand by my criticisms of the Kirtas Books website, and its limited search capabilities don’t compare to Google Book Search. The long wait to have a book scanned is still a problem, as I’m usually under time pressure when doing research for others.)

“…an ATM for books”: Google partners with the Espresso Book Machine to print public domain books on demand

According to this press release, Google has signed an agreement with On Demand Books, the maker of the Espresso Book Machine, giving them access to over 2 million public-domain works that have been scanned and converted to digital files as part of the Google Book Search project.

This Wired post about the partnership notes that the $100,000 Espresso Book Machine:

…cranks out a 300 page gray-scale [paperback] book with a color cover in about 4 minutes, at a cost to the bookstore of about $3 for materials. The machine prints the pages, binds them together perfectly, and then cuts the book to size and then dumps a book out, literally hot off the press, with a satisfying clunk. (The company says a machine can print about 60,000 books a year.)…

On Demand Books suggests that book stores price the books at about $8, leaving retailers with a $3 profit after both Google and On Demand Books collect a buck-a-book fee. Google plans to donate its share to a yet-unspecified charity, which might be a reaction to its messy legal and public policy fight over a copyright settlement that covers books that are still in copyright. (All the books that are being added to On Demand Books repertoire in this agreement are out of copyright in the country where it will be printed.)

Paul Constant, the books editor of The Stranger, posted the news today that Third Place Books, a large independent bookstore in the Seattle area, is getting an Espresso Book Machine in November. Here’s a list of all of the places that have them.

I love the idea of being able to produce physical copies of public domain books on demand at a reasonable price, but I suspect this may have a terrible impact on the used and antiquarian book market.

Update: The Inside Google Books blog has posted this video of the Espresso Book Machine in action: