How to Buy the Copyright for an Old Book

If an old book still has a following but is no longer in print, buying the copyright is a good way for writers or publishers to meet the demand and earn extra money. Obtaining the copyright to old books is also a good way to start an online collection of books to share or sell. However, it is essential to understand copyright law and to follow the proper procedure in order to avoid possible legal objections from the original copyright holder or his or her heirs. The process to transfer copyright is straightforward, but it can be time consuming.

Steps

1
Locate the original copyright holder of the old book. This will be the person or company you will work with to transfer copyright from the original owner to you.
- Look at the copyright page of the book to find the original author's name and the original publisher's name and location. This should tell you whether the author or publisher holds the copyright.
- Contact the government department that handles intellectual property rights if the information is missing or illegible. You can request a search of copyright records to locate the copyright holder.
- The department may use a name like the copyright office. You can try the United States Copyright Office, the Canadian Intellectual Property Office or the German Copyright and Publishing Law Directorate.
2
Determine whether the copyright is still in effect. Time limits on copyright vary by country.
- If the copyright has expired, the book is in the public domain, and you will not need to do further research. If the book is in the public domain, you won't need to buy the copyright. Public domain books are the property of the public at large, and you may use, modify or republish the work.
Copyright extends beyond the death of the author, so you need to find the person who has the authority to transfer copyright to you.
You and the copyright holder can decide on terms that are beneficial to both parties. You don't necessarily need to hire a copyright attorney. However, if the copyright transfer involves a large amount of money or the copyright owner has specific demands, it may be best to have an attorney draft a contract for the purchase.
The copyright office can provide the forms necessary to transfer the copyright legally.
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Question
The book I'm interested in buying the copyright was self-published by the deceased owner, and there's no date anywhere in/on the book. How would I buy it?
Kim G
Top Answerer
Legalzoom.com has advice on how to go about buying the copyright of an old book. It would best to follow their recommendation of consulting an attorney who specializes in intellectual property to proceed.
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Do the steps apply to a literary work published in Austria, which is currently under the 70 year rule? My effort is to purchase the rights to a book that will become public domain in 2018.
Community Answer
These steps should work in Austria, but if you are concerned, you could consult an Austrian lawyer specializing in copyright law. However, if the book will enter public domain this year, it's a bit of a waste of your money; once the book enters public domain, you can do what you like with it.
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I want to publish a book that was published in 1900 and has been published in a copyright purchase in England. It is published in an abridged version. Does the English version apply here legally?
Upnorth Here
Top Answerer
The "English" copyright applies in every other country of the Berne Convention (over 160 countries), to the extent each country enacts laws to conform to the treaty.
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Tips

You can often find publisher contact information in Bowker's Books in Print database and author information in the Authors Registry or the Writers, Artists, and Their Copyright Holders (WATCH) database.
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Warnings

Not all countries require authors to file copyright notices with the government. For example, Australia does not have a system for copyright registration; all works have a copyright upon creation. If you cannot locate the copyright holder and the copyright office cannot provide the copyright information, you will need to do more research to try to find the original author or his or her heirs.
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Orphan works are copyrighted pieces of work whose copyright owner cannot be found. It may be risky to re-publish orphan works since the original copyright holder may come forward later and assert a claim.
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