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What's the law regarding writing sequels to old books?

AmfootAmfoot
edited June 2010 in Chit chat
I've long been tempted to attempt to write a sequel to a series of childrens stories that were originally written back in the period 1939-early 1950s. They are still in print, though the author is long dead.

Does anyone happen to have a legal background who would know whether this is allowable under copyright or other law, on the basis I will be using the same characters and locations but in a storyline of my own devising? Does copyright over work expire after a certain time (I think it does, but have a feeling it's longer than 50 years?), or would I need permission from the author's estate/family and/or the publishers?

Any advice greatfully received - sorry it sounds a bit anonymous and cloak-and-dagger, but don't want to commit too much in the public domain yet!
Post edited by Amfoot on

Comments

  • Tom GaleTom Gale
    edited June 2010
    I used to work in a bookshop and I seem to recall that it varies from country to country. In the UK the copyright on the text expires 70 years after the death the author (that's when you start to see v.cheap i.e. ?1 editions). That said, I suspect the characters and the fictional world in which they exist represent a piece of intellectual property which outlives this.
  • milemile
    edited June 2010
    if the copyright has expired you can do what you want

    if the copyright is still in place you have to get permission from the holder. (the author may be dead, but the rights will be controlled by someone.)

    as amfoot said its about 70 years after the author has died, maybe 75 years for an american publication.
  • Dave FountainDave Fountain
    edited June 2010
    I would be tempted to urge you to do something more original, piggy-backing onto somebody elses career won't get you far in the long run.
  • AmfootAmfoot
    edited June 2010
    Dave Fountain wrote: »
    I would be tempted to urge you to do something more original, piggy-backing onto somebody elses career won't get you far in the long run.

    Fair comment, although this is more a labour of love rather than an attempt to start an alternative career as a writer.

    The books in question I used to love as a kid (still do) and bringing an adult perspective to the storyline makes me think there are some interesting developments that I think could make a sequel fascinating. I don't think for a moment it would necessarily be published or make me a millionaire, but I just don't want to fall foul of the law should I distribute it to friends and family and a copy falls into the 'wrong hands'

    That said, I'm more than happy to have it published and earn a bob or two if possible :p
  • milemile
    edited June 2010
    is it an erotic sequel to the famous five?
  • Tom GaleTom Gale
    edited June 2010
    mile wrote: »
    as amfoot said its about 70 years after the author has died, maybe 75 years for an american publication.

    Damn you! I said that.
  • milemile
    edited June 2010
    Tom Gale wrote: »
    Damn you! I said that.

    i'm sorry amfoot. :sad:
  • AmfootAmfoot
    edited June 2010
    mile wrote: »
    i'm sorry amfoot. :sad:

    lol, I'll take credit for anything.

    No, not an erotic sequel to the Famous 5 - didn't The Comic Strip do that already on the tv, with lashings of ginger minge....errr, ginger beer that is?
  • milemile
    edited June 2010
    Amfoot wrote: »
    No, not an erotic sequel to the Famous 5 - didn't The Comic Strip do that already on the tv, with lashings of ginger minge....errr, ginger beer that is?

    thats right.

    so what are you doing, i don't think anyone is going to steal your idea.
  • VanTammenVanTammen
    edited June 2010
    My advice would be for you to get in contact with the family or the publisher (usually the family holds them...) and even if the copywright has expired, it's always better to contact them (although they might be bastards and want to do it themselfs).

    you don't want to get in a trouble like this one:

    http://blogs.wsj.com/law/2009/06/02/a-closer-look-at-the-jd-salinger-lawsuit/
  • grey keygrey key
    edited June 2010
    I don`t think that the Noddy in Toyland stories need updating thanks.
    Every time I read that the oldest person in the world has died, I have to do a quick check to see it isn't ME..........
  • Dave FountainDave Fountain
    edited June 2010
    He needs to change his clothes a bit more often.
  • joefishjoefish
    edited June 2010
    And get Slade back together.
    Joefish
    - IONIAN-GAMES.com -
  • grey keygrey key
    edited June 2010
    It`s Chreeeeeeeeeeeeeeeeestmasssssssssssssssssssssssssss !

    I wanted to put a model of Noddy and Bigears on my dashboard once, but I had to settle for just Bigears, as I didn`t have a Noddy Holder !
    Every time I read that the oldest person in the world has died, I have to do a quick check to see it isn't ME..........
  • thx1138thx1138
    edited June 2010
    Tom Gale wrote: »
    I used to work in a bookshop and I seem to recall that it varies from country to country. In the UK the copyright on the text expires 70 years after the death the author (that's when you start to see v.cheap i.e. ?1 editions). That said, I suspect the characters and the fictional world in which they exist represent a piece of intellectual property which outlives this.


    Didn't happen before the fall of the nett book agreement though did it? I seem to recall suddenly being able to buy stacks of classics for a quid each in the 90s.
  • fogfog
    edited June 2010
    it's always tricky with books and music also.. errm stuff can also be put into trust to make money for the author / musicians family..

    e.g. great ormand street hospital get money from peter pan books and the films also I guess.
  • jenziejenzie
    edited June 2010
    unless you'e going to sell the stories, you can do anything with them
  • grey keygrey key
    edited June 2010
    jenzie wrote: »
    unless you'e going to sell the stories, you can do anything with them

    I agree, ( wipes bum with Bigbadmicks latest novel ) ;)
    Every time I read that the oldest person in the world has died, I have to do a quick check to see it isn't ME..........
  • BigBadMickBigBadMick
    edited June 2010
    Might be a bit rough on your bum.

    Good to read on the throne, if you fancy wiping with something else though...

    :D
  • milemile
    edited June 2010
    BigBadMick wrote: »
    Might be a bit rough on your bum.

    Good to read on the throne, if you fancy wiping with something else though...

    :D

    how are your sales going by the way?

    (that's not sarcasm, or a joke)
  • zeropolis79zeropolis79
    edited June 2010
    Look it up on www.fanfiction.net and if the franchise you want to write a sequel to is on there, write it and upload it onto there!
  • BigBadMickBigBadMick
    edited June 2010
    mile wrote: »
    how are your sales going by the way?

    (that's not sarcasm, or a joke)

    I've sold about a dozen copies of Dark Isle. Bit demoralising, considering the amount of work that went into cranking out three drafts, but there you go.

    The manuscript for my second novel is with the same publisher at the minute. It's a thriller about a girl who is raped, who later discovers the identity of her attacker and decides to take revenge, with unexpected consequences. Lots of action and plenty of twists and turns in this one. It's a pretty fast paced read, great fun to write. Hopefully it'll be out in the next few months.*
  • zeropolis79zeropolis79
    edited June 2010
    BigBadMick wrote: »
    I've sold about a dozen copies of Dark Isle. Bit demoralising, considering the amount of work that went into cranking out three drafts, but there you go.

    The manuscript for my second novel is with the same publisher at the minute. It's a thriller about a girl who is raped, who later discovers the identity of her attacker and decides to take revenge, with unexpected consequences. Lots of action and plenty of twists and turns in this one. It's a pretty fast paced read, great fun to write. Hopefully it'll be out in the next few months.*

    If you can let me know where I can get a copy (please), I'll buy one..
  • BigBadMickBigBadMick
    edited June 2010
    zeropolis79 wrote: »
    If you can let me know where I can get a copy (please), I'll buy one..

    Here's the link for a print copy:

    http://www.amazon.co.uk/Dark-Isle-Michael-McLarnon/dp/1615720057/ref=sr_1_1?ie=UTF8&s=books&qid=1277589596&sr=8-1

    Appreciate the support Zeropolis! :D
  • zeropolis79zeropolis79
    edited June 2010
    BigBadMick wrote: »
    Here's the link for a print copy:

    http://www.amazon.co.uk/Dark-Isle-Michael-McLarnon/dp/1615720057/ref=sr_1_1?ie=UTF8&s=books&qid=1277589596&sr=8-1

    Appreciate the support Zeropolis! :D

    THanks for that..

    And I'll expect support when Vindicator War / The Frontier of Warriors / whatever the title might change too, my sci-fi anthology series is published!

    (WOS members need to earn their villian roles in the book)
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