Hey guys,

I’ve been wondering a bit about the copyright status of “The 40 Knot Sailboat” by Bernard Smith. It’s essentially the work which led to the development of the Sailrocket, so it would be very interesting to get a hold of. Unfortunately, due to its age it’s very hard (and expensive) to get hold of, originally being printed all the way back in 1963, and I think that the chances of it being reprinted are rather slim (demand is probably not that high, except perhaps amongst historically inclined proa nuts 😉 )

I have no idea what the copyright status of the book is; if it has expired, then we could post it here on the forum. Unfortunately the online catalog of the US Copyright Office only goes back to Jan 1st 1978, so if we wanted to find out the copyright status of the book, we’d either have to find the family of Bernard Smith and ask them, and/or someone would have to go and have a look at the printed “Catalog of Copyright Entries”, the Library of Congress has one for instance, find the entry for the book, and see what it says. For more info see: How to Investigate the Copyright Status of a Work”

Anyone up for it?

Cheers,
Marco

P.S. - If the copyright hasn’t expired yet, maybe the current copyright holder would be willing to give us permission to post it here, if he/she has no intentions of reprinting it. I’ve PMed our Editor in that regard, I think he’d be the best person to make that sort of a request on behalf of the community here.

The Editor and I are chasing down some leads, let’s hope something comes of it!

How interesting it would be!!

Fulgencio

The follow-up book is in some ways better as it is his thoughts a number years after 40kts

Sailloons and Fliptackers: The Limits to High-Speed Sailing

Tink

Just some info I dug up:
• Bernard Smith apparently died in 2010, succumbing to liver cancer at the ripe old age of 99 (we should all be so lucky to live so long).
• It appears his book had only one printing, so this being the 50th anniversary of its publishing, there is little hope for a reprint.
• Usual copyright law covers an author to 50 years after his death, so waiting out the expiration would be, well, long.
• Appealing to those handling the author’s estate would be the best bet, at this point.

Hopefully this adds some value to the discourse.

Cheers,

j.

Check this out:  http://en.wikipedia.org/wiki/Kessinger_Publishing  There are deep questions about whether this is legal or ethical, but the company exists and Amazon sells lots of their books. 40-Knot Sailboat isn’t on their list, but I expect it could be, if someone asked them

Dave Culp

Huh - who would’ve thunk it?

    Amazon.com - “The Forty-Knot Sailboat”

Available both in paperback and hardback.

    Echo Point Books - Our Titles

That and The Best of Philip K. Dick. Great find, Paul.

Copyright law is always so interesting: OK, I read the document from the link you posted and some interesting facts emerged:

1. Copyright renewal requirements changed over the years. Currently there is no requirement to renew at the end of the first copyright period. So every published work is covered for 95 years after it was first published.

2. Smith’s book, however, if it was published in 1963, falls under the old copyright statute, which for books published between 1950 and 1963, require a renewal in the 28th and last year of the original copyright date. If the renewal is made in that last year (1991 for this book), then it inherits the 95 year copyright. If however that renewal is not made, the book’s copyright expires at the end of the 28th year.

I searched the Library’s copyright database and found no entry for the book title, and many entries for the author’s name (Hollywood!) - but no match for the book. My impression is that although the copyright would have been made before the online database would track, the renewal should have shown up. The only way we can know for sure is to: 1) hire an attorney to research it ($$$); 2) fill out the Library of Congress form (end of circular 22) and mail it and $40 to have the Congress research it ($); or 3) Find someone to go to the Library of Congress and personal search the catalogs (for “free”).

Long and short – I’m sure if you posted the book and the copyright holder DID get wind of it and disagree, the worst liability the site could incur would probably be a takedown notice. My two cents…and full disclosure: I have th physical book, and therefore no incentive to see the book posted. Cheers, all.