A few weeks ago I released an article here on the Public Domain Treasure Hunter Blog called, “Republishing U.S. Public Domain Works In The U.K.”…

I’ve update the article heavily so if this is an area that you are interested in, I recommend giving it another read.

Honestly, assessing the U.K. copyright status of a U.S. published work is a little tricky at times because of the dynamics involved. As you know from the article above, the U.K. didn’t always follow the “rule of the shorter term” so it can’t always be applied.

The trick is no when you CAN apply it, and when you CAN’T.

In an effort to keep the original article reasonably simple I basically boiled it down to the following two rules…

• U.S. works published before 1928 that are in the Public Domain in the U.S. because no renewal occurred in the 28th year after publication are Public Domain in the U.K. as well.
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• U.S. works published between 1928 and 1963 that are in the Public Domain in the U.S. because no renewal occurred in the 28th year after publication are in the Public Domain in the U.K. as well ONLY if it’s been more than 50 years since the author died.

While these points hold true, you’ll notice that both points assume the same specific criteria…they both assume that the U.S. work in question is in the U.S. Public Domain due to a lack of renewal in the 28th year after publication.

Well, there’s a LOT more to the story than this…

For instance, what happens when a work WAS renewed in its 28th year after publication? And what if the work WAS renewed but is still in U.S. Public Domain anyway simply because the renewal term has expired (as is the case with pre-1923 stuff)?

Works that fall into the above categories are actually viewed by U.K. copyright law in a whole different light.

You see, the most important factor you have to consider when assessing a U.S. work’s copyright status in the U.K. is this…

You have to figure out EXACTLY what year the U.S. work entered the Public Domain in the U.S. – when you know the exact year it entered the U.S. Public Domain, then you can look at the rules that U.K. copyright law was following at that time and make your assessment based on U.K. copyright law, NOT U.S. law.

When you do it this way, you can make a determination based on the answer to one simple question…

Was the U.K. following the rule of the shorter term at the time that the U.S. work entered the Public Domain or not?

If U.K. copyright law was following the rule of the shorter term at the time that the U.S. work entered the U.S. Public Domain, then inevitably, the work is also in the Public Domain in the U.K.

If not, then you have to play by a whole different set of rules – the U.S. work will only be in the Public Domain in the U.K. if either 50 or 70 years has passed since the death of the author with “XX” years since death of author determined by what U.K. copyright law was dictating at the time.

Also, there are clearly scenarios where a U.S. work will NOT be in the Public Domain in the U.S. but it could still be in the U.K. Public Domain because it’s been more than 70 years since the author has died.

Again, it all depends on the specific work and the circumstances involved.

In an effort to assist our U.K. subscribers (and those that are interested for other reasons), I’ve put together a spreadsheet and flowchart that I’m hoping will make it as easy as possible to determine the copyright status of a U.S. work in the U.K.

The flowchart is for those that don’t really want the technical details and just want something they can use fast to determine the copyright status on a U.S. work in the U.K.

The spreadsheet with accompanying instructions is for those that want to understand the technical “why’s” behind what I am reporting.

Much time, careful (sometimes even agonizingly strenuous) thought, as well as very thorough review of the copyright laws (both past and current) for both countries involved, has gone into this new research tool.

This is a complicated subject and I’ve done my best to break it down into something simple and manageable.

I like to think that I succeeded in this but in truth, only you can tell me if I have.

This is a topic that I’ve never seen anyone else cover in any sort of real detail so it’s become my mission to make sure you have all of the facts.

If you live and operate your business in the U.K. or if this is an area that concerns you in any way, then I recommend the following…

1. Review the updated version of the article because it will supply you with some much needed background information…
2. Download and review the new supplemental report, “When U.S. Works Enter The U.K. Public Domain” (which includes the spreadsheet with detailed instructions for use and the easy to follow flowchart). You’ll find the download link for this new report on the Public Domain Treasure Hunter’s Survival Kit download page.

If you are reading this and you haven’t invested in the Kit yet, you’ll find all of the details and the order link here.

Thanks and let me know if you have any questions.

About The Author:

Logan Andrew is an online entrepreneur, information publisher, and author that has been using Public Domain material to create profitable products and businesses since 2001. He is also co-author of "The Public Domain Treasure Hunter's Survival Kit" available here. For more info Logan, click here.

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