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How Copyright Was Secured for Mark Twain Autobiography

By Sheri Qualters
November 29, 2010

Copyright lawyers are wondering how the Mark Twain Foundation is claiming a copyright on the first volume of Mark Twain's newly released autobiography despite its publication a century after the author's death, far outside the normal protection window for an unpublished work.

The copyright for works created but not published before Jan. 1, 1978 ' when the Copyright Act of 1976 took effect ' first began expiring on Dec. 31, 2002. The Autobiography of Mark Twain: Volume 1, which was published by the University of California Press, officially went on sale last month. Two other volumes will follow in the next few years.

Several years ago, the foundation teamed up with the university to get around its copyright dilemma. The solution? A three-microfilm set that was published in 2001 and sold for $50,000. One microfilm contains the autobiography papers. The other two microfilms hold manuscripts and previously unpublished letters written by Twain and members of his immediate family.

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