Am I allowed to digitize and publish out-of-print books online?
July 4, 2024 | 40,00 EUR | answered by Verena Friedendahl
Dear copyright lawyer,
I have a question regarding the digitization and publication of out-of-print books. I am a passionate book lover and have a collection of out-of-print books that I would like to digitize and make available online. The books come from different eras and are no longer available for purchase, which is why I believe it could be of great interest to other readers to make these works accessible online.
However, my concern is that I may be violating copyright law if I digitize and publish the out-of-print books without permission from the rights holders. I want to make sure that I consider all legal aspects before starting the digitization process.
Can you please provide me with information on whether it is legally allowed to digitize and publish out-of-print books? Are there specific regulations or exceptions in copyright law that apply in this case? What steps should I take to ensure that I do not infringe on copyright?
I would greatly appreciate your professional guidance on this matter so that I can implement my project in accordance with the law. Thank you in advance for your help.
Sincerely,
Norbert Hirschfeld
Dear Mr. Hirschfeld,
Thank you for your question regarding the digitization and publication of out-of-print books. Copyright law is a complex legal area that touches on many aspects when it comes to the use of copyrighted works. In the case of out-of-print books, there are indeed special regulations and exceptions in copyright law that allow you to digitize and make these works available online under certain conditions.
In general, copyright serves to protect intellectual property and gives authors the exclusive right to reproduce, distribute, and publicly perform their works. This right typically lasts until 70 years after the author's death. After this period, works enter the public domain and can be freely used.
Out-of-print books are works that are no longer available for sale and whose copyright protection has usually expired. In this case, you can generally digitize and publish these books online without infringing copyright. However, it is important to note that this only applies to works where the copyright has actually expired.
To ensure that you do not commit copyright violations, I recommend taking the following steps:
1. Research the copyright status of the out-of-print books: Check if the copyright on the books has already expired by researching the author's date of death and considering the 70-year protection period after their death.
2. Consider any special regulations: Some countries have special regulations for the digitization and publication of out-of-print works that may differ from general copyright provisions. Therefore, familiarize yourself with the laws in your country.
3. Properly label the works: When publishing out-of-print books online, clearly label them as public domain or out-of-print, and provide information on the copyright status if necessary.
4. Respect the rights of third parties: Make sure you do not violate the rights of others, such as the right to one's own image or the right to one's own words.
I hope this information helps you and allows you to proceed with your project in accordance with copyright law. If you have any further questions or need legal advice, please feel free to contact me.
Best regards,
Verena Friedendahl
Copyright Lawyer
