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I have a growing collection of publications like Scientific American, Ladies Home Journal, and other magazines that are still in print today. Plus old books for publishers that no longer exist. They are all from prior to 1920. I'd like to digitize them so they are freely available to view online, and so people can search through them.

Is there anything legally that would prevent me from doing this? I have read through this question and it sounds like the answer will be 'yes, it's not allowed'. Furthermore, does that fact that a magazine is no longer in print (McCalls magazine for example) have any bearing on the copyright?

creative-username
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1 Answers1

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If they are public domain, you can copy them

The relevant terms in the USA are:

Works created before 1978

For works published or registered before 1978, the maximum copyright duration is 95 years from the date of publication, if copyright was renewed during the 28th year following publication.

So, anything published in or before 1924 is definitely public domain. On 1 January 2021, things published in 1925 enter the public domain, 1 January 2022, 1926, and so on.

Anything not renewed in its 28th year is also public domain - check the US copyright register.

Trade mark infringement

Irrespective of copyright, any trademarks (such as the names of ongoing publications like “Scientific American”) still exist and must be used in compliance with trade mark law.

Dale M
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