----- Original Message ----- 
  
  
  Sent: Wednesday, November 22, 2000 12:01 
  AM
  Subject: Re: [PSUBS-MAILIST] Busby 
  permission
  
  Pat, 
Just out of curiosity, I think you have a copy 
  of the book in question. Does 
it have a copyright statement in the book? 
  
Ken Martindale
   
   
   
  Ken,
   
  My edition of MANNED SUBMERSIBLES was published 
  in 1976 by the Office of the Oceanographer of the Navy, names R. Frank Busby 
  as the author; and does not display a copyright notice.  According to the 
  Legal Information Institute at Cornell University, under these circumstances, 
  U.S. CODE TITLE 17 establishes copyrights for the author and/or his heirs, not 
  the publisher.  
   
  Generally, an author's right to protect his 
  intellectual property begins on the date of publication, whether or not 
  he files a copyright application or displays a copyright notice; the main 
  difference is in the methods of recourse and levels of damages available in 
  matters of infringement, but in either event, the author's rights can be 
  enforced in a court of law.
   
  For works copyrighted before 1978, the term is 28 
  years; thus, it seems a book published in 1976 would be protected through 
  2004.
   
  Works published during or after 1978 have an 
  effective copyright span which includes the author's lifetime plus 70 years; 
  and, works published before 1978 can be re-filed to secure this same range of 
  protection.
   
  The author, and/or his heirs, may file copyrights 
  for a "restored work"  which would remain in effect for "life plus 
  70 years" .
   
  Thus, it does not seem that MANNED SUBMERSIBLES 
  is in the public domain, or that the previous publisher (or anyone else) has 
  the right to reprint it without authorization from the author's heirs; 
  and,  I believe doing so would infringe on established rights, possibly 
  resulting in legal prosecution.  Therefore, I recommend against any 
  republication of MANNED SUBMERSIBLES not specifically authorized by the heirs 
  of author R. Frank Busby.
   
  I'm not trying to rain on anybody's parade; I 
  just don't want to see anyone get burned.  A web-version of MANNED 
  SUBMERSIBLES could be great; but I think it is both necessary and wise to 
  obtain permission from Busby's heirs first.
   
  Pat