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[macleodp]

Is the publication of a book on an educational, historical and informative web site which has absolutely no commercial purpose classed as 'Fair Dealing' in Copyright law?

[JSonnabend]

If by "fair dealing" you mean "fair use", then the answer is probably "no" if the book is available for sale and the site is providing it for free.

[macleodp]

I think 'fair dealing' is UK and 'fair use' is US.

If the book is no longer available for sale i.e. is out of print does this mean that I can publish it on a web site and avoid Copyright law as it is fair dealing/use by me.

[Isaac]

The fact that the book is not currently in print probably does
not help your case very much.

[macleodp]

I have numerous books/documents from the 1920s and 1930s - all out of print from publishers that no longer exist.  All the authors are deceased between 1940 and 1960 and I am unable to trace who has inherited their estates.

I wish to publish these documents and thought that under fair use/dealing that this was the appropriate way forward.  According to your comments fair use/dealing is not relevant.

I can only conclude that copyright law in effect prohibits the publication of these books/documents until the authors have been dead for 70 years.  Am I correct? If so, I suspect an awful lot of authors must be turning in their graves at what copyright law has done to their work!

[Isaac]

For works with histories as you describe, there is the possibility
that the works were not renewed at a time when copyright law
required renewal.  The copyright status of those works would
need to be researched individually.

Works authored and published prior to 1923 are public domain.

[macleodp]

Thanks

Can you confirm that all books/poems/documents published before 1923 are free of all copyright and hence I can publish as I wish and without restriction?