Copyright/Source Material Questions

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narnia

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Hi everyone!
I have been doing research on what is shaping up to be a series of books. Please indulge me in a little background information ....

The end of my marriage happened in a very small town. A lot of strange and 'bad' things happened at the same time, including some things a normal (for lack of a better word) person might suspect were paranormal, if that person were to believe in that sort of thing, of course.

I thought it might be clever to mix the two, and create a story about a woman whose marriage was ending, mainly due to cheating and abuse. She finds herself living in a house where weird things keep happening, and eventually weirdness turns into terror, kinda sorta what happened to me. There was a point in time where I was not sure if I was truly sane and the stress of the situation was causing my brain to malfunction, or, well, I was truly sane. I am hoping that anyone who has been through a traumatic break up knows what I mean.

What I wanted to achieve was a story that was ordinary yet scary and perhaps horrifying. My main character could be any woman who finds herself in an abusive relationship and trying to deal with it as well as the rest of life’s demands, with a supernatural element added in to scare the pants off the woman as well as the reader.

When I started putting together my outline, I wanted my story to have a believable ghost, someone (or something) responsible for what the main character was experiencing. I also wanted the setting to be real, so I began refreshing my memory on the place where all of this had taken place (I had moved from a big city to this small town for a few years). I stumbled upon the story of a woman who was perfect as my ghost. She had been dead for over 100 years, but the circumstances of her death made her story dovetail perfectly with mine.

Due to the wealth of information I uncovered (and am still uncovering), including numerous newspaper articles and legal documents, the original intent changed and I decided to incorporate her story in mine. I would like to know to what extent I can use this material in my actual text. For example, in articles where she is quoted, or letters she had written - I would like to use her actual words, as well as words of those who testified at her trial. This would enable me to make her story more real, especially using the language of that time. As part of the series I would like to tell both a fictionalized (my conclusions as to the truth) version of her story and a factual version, reproducing the various articles, letters and legal documents if possible.

I have no issue with sourcing any of my material. My problem is that most of my material is over 100 years old, written by folks long gone, and published in newspapers that no longer exist. I have tried to search on the legal ramifications and/or procedures involved, but no luck. As I am now beginning to create the actual text, I would like to know what I can/cannot do before proceeding.

Does anyone have any advice on where to get answers to these kinds of questions? My grateful thanks in advance.
 
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veinglory

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It seems to me that your source material is publically available. Therefore even though it is still under copyright (for 120 yrs, or life of the author + 70 yrs) there is nothing to prevent you from using it as source material--including some direct quotes. I see "inspired by" novels and non-fiction based on this sort of material all the time and they cannot have tracked down all the original writers. Just my lay opinion.
 

jules

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You're not explicit in terms of where you are, but if you're in the US, copyright has definitely expired on anything that's 100 years old. See http://www.copyright.gov/circs/circ22.html for details, but the general gist is that anything published before Jan 1 1923 can be assumed to be out of copyright.
 

veinglory

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These are, I think, unpublished works and so may well still be under copyright where--as far as I know-- the terms I stated apply.
 

narnia

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Thanks folks! I am in the US. None of my sources are books at this point, mainly newspaper articles and legal documents. These legal documents include the transcript of her appeals trial and assorted objects such as the warrant for her arrest and a ticket to her execution. I will have access to some of her letters, written in her own hand, this summer when I go to the library where they are stored. Included in this collection are also letters written by others on her behalf. I am keeping careful track of everything I find and then use. As a veteran of numerous college papers and a master's thesis, I am quite familiar with the use of footnotes, however I have yet to see a work of fiction with footnotes and I am not sure I want to start a precedent! :)

Thanks for the starting point, and I will continue to search as well as check back here as often as possible.
 

Gillhoughly

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Here is a primer course on copyright that I've found useful:

https://cyberspace.ischool.utexas.edu/modules/five/1.php

Hundred year old papers you likely don't have to worry about, though if the woman's family is still in the area you might want to change the name and modify the wording in letters, etc. The old rule of just because it's true doesn't always make it a good story might apply here.

I had a similar experience when I booted out my ex. Apparently the intense emotions involved stirred up....something. Weird stuff happened in my house, odds noises, the dogs acting funny, seeing things in the corner of my eye, feeling spooked out in broad daylight, and the danged doorbell ringing at all hours with no one there. I'd suspect a neighbor's remote, but no one was close enough.

Needing advice, I called up a bud who happened to be a Mescalero Apache shaman. One cleansing ceremony later and it all stopped. It wasn't just me imagining things. Friends dropping in commented on the atmosphere of the house being lighter and happier. Even the dogs cheered up.

I was still depressed for a bit (over that now), but at least the house was in a good mood.
icon10.gif
 

narnia

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Thanks for the link! I am glad things are better! The crime for which she was committed was such a scandal the family scattered, and to this day no one knows exactly where they went or what names are being used. I am hoping that with some creativity I can make it a good story if the 'bare facts' don't make it so, but time will tell. My goal is to scare the pants off the reader with a good old-fashioned ghost story! ;)

Your story intrigues me. I'd be interested to learn more if you were willing to share. In the course of my investigative work I have learned that intense emotions can cause 'occurrences', however in my case the opposite was true. Things started happening a few months after we moved in, and as things intensified in the 'paranormal' arena, coincidentally my now-ex got more and more abusive. As he had a history of this, I would not go so far as to conclude that they were connected, if indeed what we experienced was paranormal.

A few months ago I went back to the small town where all of this took place so I could take some notes & pictures for setting purposes. The house in which I lived has been replaced by a carwash. Wonder if they are having any difficulties....? :D
 

Gillhoughly

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Sorry, but I'm using the spooky stuff in my OWN works!
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However, that was two moves ago and my new(ish) house is a very cheerful gem.

To keep it that way I called on a few friends in the metaphysical community to come over and bless it. Representing several different faiths, they must have done one heck of a collective whammy, as I've never been happier in any house in my whole life.

We had a nice party afterwards with ice cream figuring in a big way. Scary stuff can always be ousted with an ice cream party and good buds!

Hmm. Now I'm jonsing for some mint choca-chip...
 
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narnia

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Don't worry - I was simply curious! And I want to read whatever you come up with!!!! I absolutely love scary stories. And add in some ice cream...? What's not to love?

Seriously, though, and this has nothing to do with the topic that I started with, the oddest thing about the whole experience is that I am still not sure if what happened to me was real, yet it still affects me in many ways. Hopefully I will be able to channel that into a good read. Stay tuned....
 
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Carmy

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I don't think there would be a problem with using newspaper articles, etc., but if you intend to use the woman's name perhaps you should check to see if she has relatives who are alive and well. They could object to you using her name.
 

narnia

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Thanks! I do intend to use her name, and while I've gotten 'free' legal advice that it is okay (she died in 1887) because she has been dead over 100 years and is now in what he termed the public domain. However, since I am a firm believer in you usually get what you pay for, I will make sure of my facts. Hopefully when I am in the process of getting published my editor will take care of all the legal issues... (dreams, dreams, dreams...)
 

narnia

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Thanks everyone! I really appreciate all the info. I followed the link and read through the information in the table. One interesting twist is material I have from the New York Times. I had access to quite a few original articles from many different papers, but due to age and mishandling some were incomplete or missing the date, etc. I scanned everything I found into my computer for preservation and future reference.

I paid my $7.95 and gained access to the NYT historical archives, and was able to match up some of the articles I found with bits and pieces I had to get the complete article. On every single article I retrieved from the archive website the NYT has put 'Copyright <symbol> The New York Times' and 'Originally published January 18, 1885' (one of the actual examples).

Just another twist and turn in my quest for background material! (P.S. I will be checking out the Flashman books at my local B&N this weekend to see some fiction footnotes in action! Thanks for the tip!)
 

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You might want to check out the Flashman books by George Macdonald Fraser.
There is extensive footnoting in several recent novels, most prominently Susanna Clarke's Jonathan Strange. It wasn't that uncommon in pre-Victorian fiction (which, admittedly, is a pretty bizarre and strange subset, as the concept of "novel" didn't really solidify until the 1820s or so), either. For example, Swift's use of footnotes in "The Battle of the Books," "The Tale of a Tub," the "Modest Proposal" (I am not going to type that entire title this early in the morning!) and even Gulliver's Travels is essential to the works themselves.
 

narnia

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Thanks - I guess I need to expand my reading horizons! :) I am an avid reader but, like choosing the winning lottery numbers, I haven't yet picked up any footnoted novels out of the hundreds I've read! I will add your examples to my B&N quest this weekend.
 

jules

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There is extensive footnoting in several recent novels, most prominently Susanna Clarke's Jonathan Strange.

And I'm not sure that the footnotes aren't even more entertaining than the story itself... :)
 

narnia

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You should read the ones in my "Software Development Lifecycles Analysis" project! Better still, the infamous "Datetime Functions in Informix 4GL and ESQL/C Programming", complete with presentation ... :D

I had to bribe my audience with brownies to stay awake during that classic.

Trust me, writing them was probably more painful than than reading them.... (yawn)

:poke:
 
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