I own an unpublished, bound manuscript (non-fiction/historical). Author is pseudonym, no citations. Can I cite/edit and assume some rights?

Question

I have recently acquired a bound, typed, hand-finished (maps, ancient symbols) manuscript. The author has elected to use a pseudonym and I have exhausted hours of effort trying to find evidence to the contrary. A limited bibliography and index are provided but these are clearly not exhaustive. There is not a single footnote/citation presented on any page, yet the level of erudition supplied is truly astounding. This work, I believe, may offer groundbreaking details in its field.

Significant effort is required to research and match up citations and footnotes. Is this effort enough to shift some use rights to the owner/editor (me)?

Is it better to proceed respectfully and not run over to the U.S. or U.K. copyright office or should I pursue clarity of rights and fair use answers ahead of working on necessary citation edits?

Money is not a motivator - it is my hope that this intention will help avoid scrutiny of the copyright office. The legacy of this author's work matters to me and I believe it offers significant details which could shape future study in the field.

More info: Title page suggests 1960s, London as time and place of creation. I own FOUR typed, unpublished manuscripts by the same author purchased from different sellers. One seller offers some provenance information: he purchased the MS as part of a "lot" at an auction in East Sussex, England. The seller also confirmed (unprompted) that he has been totally unsuccessful at determining the true author. 12" x 8 1/2", hardback cover, professionally bound, 280p.

Thanks for any guidance or advice. I've been advised to prepare a conference paper on the topic as a preliminary introduction to the scholarly field, but I am not sure how much I can share during that presentation and not face copyright snags, etc.

Answer 1

Ideas cannot be copyrighted

As you say this is non-fiction and would be of great value to the future study of the field. If you are doing extensive academic research to validate the ideas in the original, there is nothing preventing you from publishing these researched ideas in a new form, with you as the author.

However, your question suggests it is the exact language ("level of erudition") you want to publish.

Plagiarism and Public Domain

A pseudonym means the author wanted to protect their privacy. It does not remove copyright or legal ownership. You are not allowed to re-publish their words without their permission but you can cite the work in your own.

University of California, Berkeley, School of Law's Public Domain Handbook is a resource to help you determine the status of unpublished works created in the United States between January 1, 1923 and December 31, 1977. I don't know of a similar UK handbook but the general advice is a starting point.

The fact that at least 1 bound copy was created (and you say you have 3 more from the same pseudonym) makes it much more likely it was registered with the copyright office. That would be one of the reasons to create a bound copy.

As stated in Ben's answer, you should consult a lawyer before you publish.

The Castle of Ontanto

Credited as the 1st gothic horror novel, The Castle of Ontanto was a fictional novel presented as the recent translation of a 'discovered' centuries-old manuscript. It became a sensation because it seemed far ahead of its time. Imagine the delight in finding an historic Ur-example of a fantasy story, but with all the right tropes and characters for modern readers. They forgave the low-brow plot (prophesies, ghosts, etc) because it had a faux patina of time – how did this unknown author from long ago create such a 'modern' novel?

It's not clear (to me) that the author ever intended to create a hoax – I think he wrote a frame story as a literary device. But as everyone realized it wasn't actually 250 years old, the mood soured. Reviewers who had hailed it as a great discovery later called it trash.

Taking you at your word, people are still alive who were adults in the 1960s. It is possible that your unknown author can still be alive, or relatives who would recognize the work can still legally claim ownership. Consider also that we live in a society that likes to backlash on yesterday's news. Your anonymous author is an unknown element to the reputation of this work – and opinions could change drastically with new information.

Answer 2

Copyright in an unpublished work lasts for the life of the author plus 70 years. If the author (or the author’s death date) is unknown, then the term is 120 years from the creation date for the work.

Under the fair use doctrine, certain uses do not infringe on the copyright. You can use the Columbia University Fair Use Checklist to help determine if your use might be fair.

In case of doubt, consult a lawyer.