Thanks to TOSPublisher for forwarding the following question (name of requester held because I was not able to seek permission for publication):

"Is there a way to research the copyright status of a work without the assistance of an attorney?"

Short answer: Yes.

Long answer: Yes, although you may want to consult an attorney before acting on your findings, depending upon what you ultimately choose to do with the research results.

The U.S. Copyright office offers a free electronic search program that permits any Internet user to search the copyright office database.  The website gives search instructions, and offers an electronic pamphlet entitled "How to Investigate the Copyright Status of a Work".  Unfortunately, the online records only date from 1978 (the copyright office began registering materials in 1891, but entries prior to 1978 were recorded only in "hard copy" in the Catalog of Copyright Entries and must be searched at the copyright office or at one of the public libraries which maintains a set of copyright catalogs. 

This means that although an online search works well for works originally produced (or re-published) after 1978, it will not assist searchers seeking information about books published before that date.  For information about prior works you will need to consult the written catalogs, either at a local library or at the copyright office in Washington, D.C.

Searchers seeking a slightly less expensive solution than private legal counsel but still willing to pay for professional assistance may wish to investigate the search service offered by the copyright office itself.  Office staff will perform searches at a rate of $75 per hour (accurate as of 11/15/2005 but subject to change...please check with the copyright office for current rates) - less than most attorneys, although the resulting information is provided "as-is" and without legal advice as to the status of the works in question.

The copyright office recently announced a new search system, currently scheduled to debut on December 1, 2005.  Check the website for details!

Searchers should be wary.  Searches of copyright registrations are uniquely subject to "false negative" errors due to the nature of copyright law.  While a search can definitely tell you if a work is subject to copyright, a negative search does not necessarily mean that the work in question is not subject to copyright, for several important reasons.  Among these:

1.  Copyright law does not require formal registration of a work in order for copyright protection to attach.  Registration is required prior to filing suit to enforce protection, but this means that an apparently "unprotected" work may well be subject to full legal protection despite its absence from the copyright office.  Always assume that a work created after 1978 is subject to copyright.

2.  Unregistered works created prior to 1978 may also be protected by common law copyright and statutes (laws) which permit registration of certain works at any time during the 28-year period following initial creation and publication.  For works created in 1978, this period will not expire until 2006.  Additional statutes permit later registration of works under other special circumstances.

3.  Searchers unfamiliar with Boolean searching or other forms of search language used by the copyright office search programs may inadvertently “miss” key terms required to bring up the desired works.

4.  Delays at the copyright office may result in registered materials not “showing up” on searches.

There is no reason why any individual seeking to learn the copyright status of a given work (or locate specific works) should not start the process by searching the copyright office.  Learning that a work is subject to protection enables searchers to locate the copyright holder for purposes of obtaining use rights (or make the decision not to use the work in question due to its copyright status).  When an individual search fails to locate information, the searcher can evaluate whether or not to pursue a more thorough search with professional assistance.