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Unusual question wrt content
Old 02-20-2007, 04:08 AM Unusual question wrt content
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Sorry for a sort of off-topic question - I couldn't find an appropriate forum. The "content for sale" one seemed closest, except that I'm not trying to buy or sell a database of articles, so I doubt I'll get a response. And there are a lot of knowledgeable people here, so I'm hoping someone will have some good advice. I know I should ask a lawyer, but I'm saving for a lens and a trip to Montana,

Tom Whitecloud died in 1972; he was a surgeon ( who invented novel and widely acclaimed methods in spine surgery ), and wrote a few short stories. One of them is very good, but can't be found anywhere. Google shows me a bunch of term papers, and an article I wrote for Wikipedia ( no link to my site, but it's an important topic, and they should have covered it already ) about the author.

I've got it in Word format; years ago, a friend of mine invited me over to read something, I photographed the pages, and then typed the story up so I could share it with family and friends. I'd like to publish it, because it's beautiful, and it explains why photography appeals to me in a way I can't. Is this legal, if the author has been dead for 35 years? Could it be fair use to publish it with admiration, on a site that doesn't carry ads, and that I don't sell anything through? Full disclosure: I'm starting to shoot portraits locally, though, and I do send people to my portraits page. Plus this would have my site rank somewhere for "Blue Winds Dancing," which might be searched a dozen times a year.
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Old 02-20-2007, 06:16 AM Re: Unusual question wrt content
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personally, I would contact his family first and ask for their permission
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Old 02-20-2007, 12:55 PM Re: Unusual question wrt content
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I would as well, and explain to them exactly what you just explained to us. I'm not sure of the legal ramifications one way or the other...it's just a matter of class and respect to me, and that would be the classy and respectful thing to do.
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Old 02-20-2007, 08:25 PM Re: Unusual question wrt content
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Adam and Chris are both right. Sounds like it must be a good story, and it sounds like you want other people to be able to enjoy it no matter how it affects you ( or doesn't ), but I think your tune would change if you just put it up and got sued for infringing a copyright.

But it's refreshing to actually see a question about content in here, even if it sounds like you're not trying to use that content to further your SEO. And you're right, the only person who's going to search for those three words is a schizophrenic who likes putting random words together.
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Old 02-20-2007, 11:28 PM Re: Unusual question wrt content
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Thanks, everyone. This pretty much confirms what I thought, and unfortunately I haven't had much luck finding the family, although Google has been my only source. I found a number for his son, who's also passed on. I guess until I figure out to to play detective, I can recommend the textbook my friend found this story in to my readers.
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Old 02-21-2007, 01:52 AM Re: Unusual question wrt content
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I'm going to agree that you should contact the owner of the copyright. I know at some point a work like that will pass into the public domain. I thought it was extended to 70 years after the author's death, but don't hold me to that.

When you photographed the book did you happen to get the copyright page? You should at least be able to find out who originally published the book. I would think they could lead you to the owner of the copyright.
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Old 02-21-2007, 02:06 AM Re: Unusual question wrt content
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http://www.copyright.cornell.edu/tra...lic_Domain.htm <--- not sure if that's accurate, but it looks pretty close.
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