PGRule6/EdwardAngusBurtNotes

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These are my clearance notes for:

     Burt, Edward Angus, "The Thelephoraceae of North America I-XV" in Annals
     of the Missouri Botanical Garden 1914-1920, 1924-1926.
     The precise articles are:
         I.  1: 185-228. pl 4, 5. 1914.         (Issued July 1, 1914)
        II.  1: 325-350. pl. 15-17. 1914        (Issued September 30, 1914)
       III.  1: 357-387. pl. 19. 1914           (Issued January 30, 1915)
        IV.  2: 627-658. pl. 21. 1915.          (Issued October 8, 1915)
         V.  2: 731-770. pl. 26, 27. 1915.      (Issued December 20, 1915)
        VI.  3: 203-241. 1916.                  (Issued September 30, 1916)
       VII.  3: 319-343. 1916.                  (Issued November 4, 1916)
      VIII.  4: 237-269. 1917.                  (Issued September 20, 1917)
        IX.  5: 177-203. 1918.                  (Issued September 20, 1918)
         X.  5: 301-372. pl. 16, 17. 1918.      (Issued December 23, 1918)
        XI.  6: 253-280. pl. 5. 1919.           (Issued March 2, 1920)
       XII.  7: 81-248. pl. 2-6. 1920.          (Issued December 8, 1920)
      XIII. 11: 1-36. pl. 1. 1924.              (Issued July 25, 1924)
       XIV. 12: 213-357. 1925.                  (Issued February 18, 1926)
        XV. 13: 173-354. 1926.                  (Issued September 20, 1926)

OTHER PUBLICATIONS

The Icones Farloawianae is the other important work of E.A. Burt. Burt completed the work of WG Farlow. It was the first major survey of North American fungi published with color illustrations in the US. There were 500 copies produced. One is available for sale at carpelibris.com. This reference to the NEMF 2001 Logo suggests that "Farlow Herbarium of Cryptogamic Botany, Harvard University, Cambridge, Massachusetts, USA" owns the copyrights for this work. I haven't looked for the renewal.

This information comes from ima and CYBERLIBER.

  • Burt, E.A. (1902). Some hymenomycetous fungi from South America. Bulletin of the Torrey Botanical Club 29: 571-572.
  • Burt, E.A. (1917). Odontia sacchari and O. saccharicola, new species on sugarcane. Annals of the Missouri Botanical Garden 4: 233-236, 2 figs.
  • Burt, E.A. (1917). Merulius in North America. Annals of the Missouri Botanical Garden 4: 305-362, tabs 20-22.
  • Burt, E.A. (1918). Corticiums causing Pellicularia disease of the coffee plant, hypochnose of pomaceous fruits and Rhizoctonia disease. Annals of the Missouri Botanical Garden 5: 119-132, 3 figs.
  • Burt, E.A. (1919). Merulius in North America, Supplementary Notes. Annals of the Missouri Botanical Garden 6 (2): 143-145.
  • Burt, E.A. (1921). Some North American Tremellaceae, Dacryomycetaceae and Auriculariaceae. Annals of the Missouri Botanical Garden 8: 361-396, 6 figs, 3 tabs.
  • Burt, E.A. (1922). The North American species of Clavaria with illustrations of the type species. Annals of the Missouri Botanical Garden 9 (1): 1-78.
  • Burt, E.A. (1923). Higher fungi of the Hawaiian islands. Annals of the Missouri Botanical Garden 10: 179-189.
  • Burt, E.A. (1931). Hymenomycetous fungi of Siberia and Eastern Asia, mostly wood-destroying species. Annals of the Missouri Botanical Garden 18: 469-487.
  • William Gilson Farlow & Edward Angus Burt (1929) Icones Farlowianae. Illustrations of the larger fungi of Eastern North America with descriptive text 120 pp.

There are significant unpublished works of E.A. Burt at The New York Botanical Gardens and The Hunt Institute at CMU.

BACKGROUND

This is a collection of 15 articles published in the Annals of the Missouri Botanical Garden between 1914 and 1926.

This edition was published by Hafner Publishing Company, Inc. in 1966, compiled by A.L. Welden of Tulane University.

The preface carries a copyright of 1966 so is not covered by this clearance.

SUMMARY

The Annals of the Missouri Botanical Garden has granted us permission to use these works on the condition that all copies carry full acknowledgment to the place of original publication. Since this is the ethical thing to do independent of copyright status, I encourage everyone to comply with this condition.

Sections I-XII are clear under Rule 1 (FACT R1.1) Section XIII is clear under Rule 6 (FACTS R6.1, R6.2, 13.1 and 13.2) Section XIV is clear under Rule 6 (FACTS R6.1, R6.2, 14.1, 14.2, PR1, PR2, PR3) Section XV is clear under Rule 6 (FACTS R6.1, R6.2, 15.1, PR1, PR2, PR3)

AVAILABILITY

If you are interested in a physical bound copy of these articles, they are available as a single (large) volume from Lubrecht and Cramer for US$50.

TPV

The title page clearly identifies this as a "facsimile reprint", so the relevant copyrights are on the original journal articles.

The verso includes the following copyright notice:

(C) 1966 Preface, by Hafner Publishing Co., Inc. All rights reserved

The confirms that neither Hafner nor Welden have claimed a new copyright on the bulk of the material.

BIOGRAPHY

The preface includes a biography of Edward Angus Burt, the sole author. It provides the following information:

He was born in Athens, Pennsylvania on April 9, 1859. All of his formal appointments were at US institutions. He died fifteen days after his 80th birthday (April 24, 1939).

RULE 1

FACT R1.1: Sections I through XII were all published prior to 1923, so are clearly in the public domain.

RULE 6

FACT R6.1: The biographical data in this volume establishes that the author was a US citizen.

FACT R6.2: The Annals of the Missouri Botanical Garden publishes in the United States. Further details about the publisher are available here: http://www.mbgpress.org

The reprints do not have explicit copyright notices, but we take as given that the original publications were registered for copyright.

We look for renewals under "Annals of the Missouri Botanical Garden", "Missouri Botanical Garden, Annals of", and "Thelephoraceae of North America, The".

FACT R6.3: E.A. Burt is not mentioned in http:/www.gutenberg.org/files/11800/11800-8.zip .

XIII. 11: 1-36. pl. 1. 1924 (Issued July 25, 1924)

Should have been renewed in 1951.

FACT 13.1: The case-insensitive word fragment "thelephor" does not occur in: http://www.ibiblio.org/ccer/1924b4.htm

FACT 13.2: The case-insensitive word "botanical" does not occur in: http://www.ibiblio.org/ccer/1924c.htm

  • FACTS 13.1 and 13.2 are sufficient to show non-renewal of section XIII.

XIV. 12: 213-357. 1925 (Issued February 18, 1926)

Should have been renewed in 1952 (or 1953).

FACT 14.1: The case-insensitive word fragment "thelephor" does not occur in: http://www.ibiblio.org/ccer/1925b4.htm or http://www.ibiblio.org/ccer/1926b4.htm

FACT 14.2: The case-insensitive word "botanical" does not occur in: http://www.ibiblio.org/ccer/1925c.htm but we must also confirm that it does not occur as a renewal of a 1926 copyright. See below.

  • FACTS 14.1, 14.2, PR1, PR2, PR3 are sufficient to show non-renewal of section XIV.

XV. 13: 173-354. 1926 (Issued September 20, 1926)

Should have been renewed in 1953.

FACT 15.1: The case-insensitive word fragment "thelephor" does not occur in: http://www.ibiblio.org/ccer/1926b4.htm

  • FACTS 15.1, PR1, PR2, PR3 are sufficient to show non-renewal of section XV.

Periodical renewals

We examine peridocial renewals from 1950 through 1955:

"Annals of the Missouri Botanical Garden":

FACT PR1:

  • 1950 Jan-Jun
    • THE ANGEL OF CROOKED STREET, a photoplay
    • ANNE THONTON, WETAMOO, by Lotta Rowe
  • 1950 Jul-Dec
    • ANNA KARENINA, Operin in 3 Aufzügen
    • THE ANNOUNCEMENT, by Eda S. Doench.
  • 1951jj155
    • AMERICAN SOCIETY OF BIOLOGICAL CHEMISTS, INC. SEE
    • ANTIQUES. (C) Straight Enterprises, Inc.
  • 1951jd303
    • AMERICAN DIGEST. Monthly advance sheets.
    • ANTIQUES. (C) Straight Enterprises, Inc.
  • 1952f281
    • AMERICAN SOCIETY OF BIOLOGICAL CHEMISTS, INC. SEE
    • ANTIQUES. (C) Straight Enterprises, Inc.
  • 1953jj177
    • AMERICAN MERCURY MAGAZINE, INC.
    • ASSOCIATION OF THE UNITED STATES ARMY. SEE
  • 1953jd343
    • AMERICAN SOCIETY OF BIOLOGICAL CHEMISTS, INC. SEE
    • ANTIQUES. (C) Straight Enterprises, Inc.
  • 1954jj173
    • AMERICAN JOURNAL OF NURSING COMPANY. SEE
    • ANTIQUES. (C) Straight Enterprises, Inc.
  • 1954jd337
    • AMERICAN SOCIETY OF BIOLOGICAL CHEMISTS, INC. SEE
    • ANTIQUES. (C) Straight Enterprises, Inc.
  • 1955jj165
    • AMERICAN JOURNAL OF NURSING CO. SEE
    • APPLETON-CENTURY-CROFTS, INC. SEE
  • 1955jd321
    • AMERICAN SOCIETY OF BIOLOGICAL CHEMISTS, INC. SEE
    • ANTIQUES. (C) Straight Enterprises, Inc.

"Missouri Botanical Garden, Annals of":

FACT PR2:

  • 1950 Jan-Jun
    • MISSIONARY MESSAGES, by James F. Love.
    • MISSOURI DECISIONS REPORTED IN THE SOUTHWESTERN REPORTER ANNOTATED.
  • 1950 Jul-Dec
    • MISSISSIPPI Lime and Material Company.
    • MISSOURI DECISIONS REPORTED IN THE SOUTHWESTERN REPORTER ANNOTATED.
  • 1951jj156
    • MASONIC SERVICE ASSOCIATION OF THE UNITED STATES. SEE
    • MONAGHAN, JAMES. SEE
  • 1951jd305
    • MASONIC SERVICE ASSOCIATION OF THE UNITED STATES. SEE
    • MONAGHAN'S CUMULATIVE ANNUAL DIGEST OF PENNSYLVANIA DECISIONTS. Newark.
  • 1952f285
    • THE MEDICAL CLINICS OF NORTH AMERICA
    • MONAGHAN'S CUMULATIVE ANNUAL DIGEST OF PENNSYLVANIA DECISIONS (C) Soney
  • 1953jj179
    • THE MEDICAL CLINICS OF NORTH AMERICA
    • MONAGHAN'S CUMULATIVE ANNUAL DIGEST OF PENNSYLVANIA DECISIONS (C) Soney
  • 1953jd346
    • MASONIC SERVICE ASSOCIATION OF THE UNITED STATES. SEE
    • MODERN MUSIC. (C) The League of Composers, inc. (PCW)
  • 1954jj175
    • THE MILITARY ENGINEER.
    • MODERN MUSIC. (C) The League of Composers, inc. (PCW)
  • 1954jd340
    • MASONIC SERVICE ASSOCIATION OF THE UNITED STATES. SEE
    • MODERN MUSIC. (C) The League of Composers, inc. (PCW)
  • 1955jj167
    • THE MILITARY ENGINEER.
    • MODERN MUSIC. (C) The League of Composers, inc. (PCW)
  • 1955jd324
    • THE MILITARY ENGINEER.
    • MODERN MUSIC. (C) The League of Composers, inc. (PCW)

"Thelephoraceae of North America, The":

FACT PR3:

  • 1950 Jan-Jun
    • THAYER, Lee. SEE
    • THEN CAME MOLLY, by Harriet V. C. Ogden;
  • 1950 Jul-Dec
    • THEATRE complet. R68410. SEE Les avaries;
    • THÉNON, Georges. SEE
  • 1951jj159
    • SUPREME COURT REPORTER.
    • TOP-NOTCH MAGAZINE.
  • 1951jd307
    • SUPREME COURT REPORTER.
    • TOP-NOTCH MAGAZINE.
  • 1952f291
    • SURGICAL CLINICS OF NORTH AMERICA.
    • TOP-NOTCH MAGAZINE.
  • 1953jj182
    • SURGICAL CLINICS OF NORTH AMERICA.
    • TOP NOTCH MAGAZINE.
  • 1953jd349
    • SUPREME COURT REPORTER. INDEX.
    • TOP NOTCH MAGAZINE.
  • 1954jj178
    • SURGICAL CLINICS OF NORTH AMERICA.
    • TOP NOTCH MAGAZINE.
  • 1954jd343
    • SUPREME COURT REPORTER.
    • TOP NOTCH MAGAZINE.
  • 1955jj171
    • SURGICAL CLINICS OF NORTH AMERICA.
    • TOP NOTCH MAGAZINE.
  • 1955jd327
    • SURGICAL CLINICS OF NORTH AMERICA.
    • TOP NOTCH MAGAZINE.

For submission:


> 1. Specify all initial publication data, including title, author(s),
>    publisher, year of publication, copyright holder and whether the
>    work was published in a serial like a journal, newspaper, or
>    series.

      Burt, Edward Angus, "The Thelephoraceae of North America I-XV" in Annals
      of the Missouri Botanical Garden 1914-1920, 1924-1926.

      The precise articles are:

         I.  1: 185-228. pl 4, 5. 1914.         (Issued July 1, 1914)
        II.  1: 325-350. pl. 15-17. 1914        (Issued September 30, 1914)
       III.  1: 357-387. pl. 19. 1914           (Issued January 30, 1915)
        IV.  2: 627-658. pl. 21. 1915.          (Issued October 8, 1915)
         V.  2: 731-770. pl. 26, 27. 1915.      (Issued December 20, 1915)
        VI.  3: 203-241. 1916.                  (Issued September 30, 1916)
       VII.  3: 319-343. 1916.                  (Issued November 4, 1916)
      VIII.  4: 237-269. 1917.                  (Issued September 20, 1917)
        IX.  5: 177-203. 1918.                  (Issued September 20, 1918)
         X.  5: 301-372. pl. 16, 17. 1918.      (Issued December 23, 1918)
        XI.  6: 253-280. pl. 5. 1919.           (Issued March 2, 1920)
       XII.  7: 81-248. pl. 2-6. 1920.          (Issued December 8, 1920)
      XIII. 11: 1-36. pl. 1. 1924.              (Issued July 25, 1924)
       XIV. 12: 213-357. 1925.                  (Issued February 18, 1926)
        XV. 13: 173-354. 1926.                  (Issued September 20, 1926)

> 2. Consult the Copyright Renewal Registers to look for a renewal
>    record.  Project Gutenberg has published the Registry here:
>    http://www.gutenberg.org/etext/11800 for complete renewal
>    records (1950-1977).  Or, search at http://www.gutenberg.org/catalog
>    for ebooks with author: "copyright" for single volume years.

For this work, we also need periodical renewal records which are available
here:
http://durendal.org:8080/pdrn/

> 3. Search the renewal register for 4 years surrounding the required
>    renewal year.  This is necessary because of flexibility in the
>    required renewal year and the Library of Congress' publication schedule.
>
>    Search +26, 27, 28 and 29 years from the publication date for each of:
>
>    a. the title as it appears on the title page

"The Thelephoraceae of North America I-XV", key word-fragment "thelephor"

>    b. the title of the series, serial, journal, newspaper, magazine,
>       etc. (if any)

"Annals of the Missouri Botanical Garden", key word "botanical".

>    c. the author (s) as listed

"Edward Angus Burt", key word "Burt".

>    d. the copyright holder as listed

There are no explicit copyright notices for the articles.

> 4. If the Copyright Renewal Register search provides no match for the
>    searched items, then, review the material in the book
>    (e.g. author's blurb, description) as well as any general knowledge
>    you might have of any of the listed authors to determine if they
>    might be a foreign national.

The preface lists author's place of birth as Athens, Pennsylvania.

> 6. If there is no evidence of renewal or of foreign authorship based
>    on performing the research above, insert the following in the notes
>    section of your request for copyright clearance:

I have searched the Copyright Renewal Records for 1950, 1951, 1952, 1953,
1954, and 1955 for the following words: burt, missouri, botanical, thelephor,
and have found no indication that this book's initial copyrights (for sections
XIII, XIV and XV) in 1924, 1925, and 1926 were renewed.

I have also reviewed the materials in the book relating to the
nationality of the author(s) and have found no reason
to believe that any of the authors was a foreign national.

Permission

The organization which originally published these articles is happy to have us use them:

Message-ID: <471E2B0E09E14643942D99FC6AD54E6605611D@MBGMail01.mobot.org>
From: diana.gunter@mobot.org
To: piggy@timesys.com
Subject: FW: Seeking Copyright renewal information for E.A. Burt's Theleph
   oraceae
Date: Tue, 20 Sep 2005 13:34:16 -0500

Dear La Monte Henry Piggy Yarroll,

We are pleased to grant you permission to use the articles from the Annals
mentioned below for use in your Project Gutenberg edition on condition that
you give full acknowledgment to the place of original publication.

Sincerely,
Diana
''<b>_______</b>''
Diana Gunter
Associate Editor
Missouri Botanical Garden Press
P.O. Box 299
St. Louis, MO 63166-0299

Phone: 314-577-9489
Fax: 314-577-9594
diana.gunter@mobot.org <mailto:diana.gunter@mobot.org>
www.mbgpress.org


-----Original Message-----
From: La Monte Henry Piggy Yarroll
To: Victoria Hollowell
Cc: piggy@timesys.com
Sent: 9/17/2005 9:06 PM
Subject: Seeking Copyright renewal information for E.A. Burt's
Thelephoraceae

I am attempting to confirm that a collection of articles by E.A. Burt
published in Annals of the Missouri Botanical Garden have indeed
entered the public domain.  I intend to prepare a Project Gutenberg
edition of these articles.

The specifics are:

   Burt, Edward Angus, "The Thelephoraceae of North America I-XV" in
   Annals of the Missouri Botanical Garden 1914-1920, 1924-1926.

If you can provide me with renewal information for these works, I
should be most appreciative.  If you can confirm the public domain
status of these works, it should most certainly bring me great joy.

My research to date has not uncovered a renewal of the copyrights on
the 1924, 1925, and 1926 articles.

You may find my research to date here:
http://durendal.org:8080/twiki/bin/view/PGRule6/EdwardAngusBurtNotes

P.S. I must commend you folks for your reprints of rare books.  They
are really delightful!