Gutenberg Director Admits Error, Promises Revised Procedures

Dr. Gregory B. Newby
Chief Executive and Director

Dear Greg, Astrid, and others:

My apologies for my long delay in responding. As promised in
September, I discussed the situation with one of Project Gutenberg’s
copyright lawyers. This particular lawyer had previously been very
helpful in preparing and then providing legal advice and feedback on
our procedures for determining non-renewal status.

Our lawyer advised that our non-renewal determination for The Escape
was in error. Therefore, on October 1, I removed The Escape from the
Project Gutenberg collections and catalog and announced its removal
to our mailing list.

On behalf of Project Gutenberg, I apologize for the error.

The error occurred because we did not know that Brainwave was a
complete publication of the serial parts of The Escape. We did know
from the publication of The Escape in 1953 that it was the first part
of a serialization, but did not know that Brainwave, from 1954, was
the title of the complete serialization.

We are working on enhancements to our procedures for serial works so
that we are more likely to find variations in titles such as happened
with Brainwave.

As a result of your complaint, we have received clarification from our
lawyer on situations where individual parts of entire works are
published serially, but only some of the parts, or only the entire
work but not the serial parts, are renewed. Until we received this
clarification, our procedure was that each part must have a separate
renewal for its first publication.

My long delay in responding is because our newly revised procedures
are not yet posted on our Web site. We’ve had some exchanges with the lawyer I mentioned, as well as among the Project Gutenberg copyright team and production volunteers. I do hope to have the revised procedures for non-renewals in place soon, and meanwhile Project Gutenberg has put a hold on public domain determinations for
non-renewals.

In the meantime, I will summarize for you the main points that allowed
the renewal for Brainwave to apply to The Escape. Then, I will
provide a listing of the titles by Poul Anderson that we are working
with. That way, you might want to confirm whether our bibliographic
research (on title variations) and copyright research (on renewal
records) seems to be correct.

I would also like to offer to ask our lawyer to communicate directly
with your lawyer on any of the topics we have covered. If you would
prefer such an approach, please provide me contact information for
your lawyer, and I will give the information to our lawyer.

Here are the main points of variation from our old procedures as
they relate to what we have corresponded on:

– variant titles, new reprints, compilations, and other republications
of items need to be identified as part of our bibliographic research,
within the time span for valid renewals

– in serial works, the serial parts are considered to be part of the
same act of authorship as the complete work. Thus, renewals for the
parts, or the whole, may apply to the other parts
(this applied to The Escape)

– renewals due the 28th year after first publication may actually
appear in the copyright registry in the 27th, 28th, 29th or 30th year,
and still be valid

– for serial parts, our conservative stance is that renewals from the
25th through 32nd year for any serial part, or the whole, including
any type of republication, will be taken to apply to any parts within
that time span
(this applied to The Escape)

– copyrights or renewals outside of the time spans listed above, for
any type of republication, are not applicable to earlier publication.
That is, serial parts or whole works published but not renewed do not
become renewed by later republication outside of the 2-year (for
non-serials) or 4-year (for serials) window.
(this applies to Industrial Revolution)

By the way, we are checking again on whether the 1965 republication
Industrial Revolution was subsequently renewed.

Here are the items we have already published, along with their
Project Gutenberg eBook number:

Duel on Syrtis, by Poul William Anderson 32436
The Sensitive Man, by Poul William Anderson 31501
Industrial Revolution, by Poul William Anderson 30971
The Valor of Cappen Varra, by Poul William Anderson 29542
The Burning Bridge, by Poul William Anderson 22554
Security, by Poul William Anderson 22239

Finally, here is the listing of titles we are working with, along with
a synopsis of our bibliographic and renewal research.

“Security” by Poul Anderson. Originally published in _Space Science
Fiction_ February 1953. No publication after SSF 1953 until 2007.

“The Burning Bridge” by Poul Anderson. First published in Astounding
Science Fiction January 1960. Astounding January 1960 renewed as
RE-322-832 with a claim limitation of NEW MATTER: compilation and all
editorial material. No publication after Astounding 1960 until 2007.

“Industrial Revolution” by Winston P. Sanders. First publication was
in Analog September 1963. Analog September 1963 renewed as RE-517-946
with a claim limitation of NEW MATTER: compilation and editorial
material. We found the renewal for the other Poul Anderson 1963
publications. RE0000562489 does not include “Industrial
Revolution”. Next publication after Analog September 1963 is in Analog
3 in 1965. This one was apparently retitled to “The Rogue” in 1970
when combined with other Flying Mountain stories.

“The Valor of Cappen Varra” by Poul Anderson. Originally published in
“Fantastic Universe” by King-Size Publications, New York, NY in the
January 1957 issue. The next publication found was in Swords and
Sorcery December 1963.

“The Sensitive Man” by Poul Anderson. Originally published in
“Fantastic Universe” by King-Size Publications, New York, NY in the
January 1954 issue. The next publication was found in Beyond the
Beyond in August 1969.

“The Chapter Ends” by Poul Anderson. Originally published in “Dynamic
Science Fiction” by Columbia Publications Inc, New York in the January
1954 issue. From the James Gunn contribution, the original filing
number is B00000442865. The next publication after DSF January 1954 is
in Adventures in the Far Future / Tales of Outer Space in 1954. After
that is Novelets of Science Fiction in 1963. We did not find a renewal
for Adventures in the Far Future or Tales of Outer Space. (We did find a
renewal for Behind the Black Nebula by L. Ron Hubbard from that
anthology. RE0000146004 on A00000155444.)

“Duel on Syrtis” by Poul Anderson. Originally published in Planet
Stories March 1951 by Love Romance Publishing Co. Inc., New York,
NY. After the PS March 1951 the next publication found is Strangers
from Earth in 1961.

“Sentiment, Inc.” by Poul Anderson. First published in Science Fiction
Stories with a 1953 copyright statement by Columbia Publications,
Inc. Science Fiction Stories was a periodical with an irregular
publishing history. 1953 had one issue. Next publication was in
The Weird Ones in July 1962.

Included for completeness, but already determined to be renewed:
“The Escape” by Poul Anderson. It appears to have been first published
in the U.S. and British editions of “Space Science Fiction” Volume 2
Number 2 September 1953 simultaneously. After the SSF September 1953 publication it was published by Ballantine in 1954. Brainwave
renewed.

Again, my apologies for the long delay in this correspondence. I do
anticipate we will have a revised procedure description online soon,
but did not want to delay further before sending this correspondence.

With best regards,
Greg

Dr. Gregory B. Newby
Chief Executive and Director
Project Gutenberg Literary Archive Foundation http://gutenberg.org
A 501(c)(3) not-for-profit organization with EIN 64-6221541

** This message is granted to the public domain **

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