I want to revive out of print materials and need advice.

[Adie24]

What is the name of your state (only U.S. law)? Oklahoma

I found an old teaching book that I absolutely love. It was originally printed with supporting materials too. The book and materials are not longer available and the author is listed next to the copyright on the book I own.

I would like to revive the book and materials. The original format is good. However, I would like to produce a modernize version and add my own experience to enhance the program. I would also like to make the new and improved version available commercially.

I have read through the threads on this forum and am unable to get a clear picture on how to start on such a project. I believe I have found contact information for the author. Should I start by contacting the author? I would love to find out why the book and materials are no longer produced. The author went to a lot of trouble to develop lots of supporting materials and even obtained a trademark for one of the terms mentioned in the books.

I would appreciate any advice or recommendations from the members of this forum. Thank you for reading my post.

 

[The Occultist]

A work being out of print does not necessarily mean that you can just use the material (unless, of course, the work is now in the public domain, but again, it doesn't go into the public domain just because it is out of print).

Yes, you need to contact the copyright holder (which may or may not be the author) and seek permission to use the material (better get that in writing).

 

[Adie24]

Thank you The Occultist. I appreciate your input.

I know that the material is still bound by copyright laws. I am just not clear on procedures to get permission. I found some permission forms online and feel I could adapt one to serve the purpose. I also understand that I could use an attorney that specializes in copyright law.

At this stage, do I just try to call up the author (listed by the copyright and on the copyright database) and ask for permission? Of course, if it is granted I will get it in writing. Or is there another procedure, like contacting the publisher or sending a certified letter to the author requesting permission?

Thanks again to The Occultist for sharing ideas. I would appreciate hearing from others too.
Thanks.

 

[The Occultist]

Heh, if I'm understanding correctly, you're almost asking if permission needs to be asked through the court system. Nothing wrong with being too careful, but no, nothing so extravagant is needed. If you're able to find an email address, I'd simply send a polite email complimenting his work and express an interest in using his material. Once he agrees, THEN you can get into the complicated stuff of getting a contract written/signed.

 

[Adie24]

Thanks again, The Occultist.

I just wanted to be sure I knew what to ask for when I contact the author. The author is about 40 years older than me and I don't want to come across as some dumb kid. I tried writing the author over 10 years ago to inquire about something specific from the book and never received a response.

I have not been able to locate an email address. I am thinking about calling the author and then following up with a letter OR sending a letter with delivery confirmation.

I mentioned before that the book includes trademarked material. Will I also need a licensing agreement to utilize the trademark or will getting permission to use the copyrighted material cover both matters since it is in the book?

I really do appreciate the ideas. Thanks again!