Forum: Author Hangout

Novel out of copyright for sale

Switch Blayde 🚫

If a novel is out of copyright, can someone legally sell it?

I'm asking out of curiosity. It came up because I started reading an unfinished story on SOL. This story is written like I remember the old porn novels years ago. So I was wondering if it's actually an old porn novel that is out of copyright. It even has dated stuff in it like film in cameras and VCRs, and what was common in those novels, a hairy bush.

The story is being posted slowly a chapter at a time with the complete novel for sale on ZBookStore. That's the reason for my question. I won't mention the author, I'm not accusing him of anything, but he has 4 in-progress stories being updated on the same schedule with the completed versions for sale.

I'm not asking if it's ethical. I'm not talking about plagiarism (which is an ethical not legal thing). I was just curious about the legality of publishing and selling an out of copyright novel.

Replies: REP Dominions Son DBActive solitude jimq2 Mushroom

REP 🚫

@Switch Blayde

If ayou own a printed copy of the novel you can always sell it. What you can't do is claim that you wrote the novel. That would be plagiarism and a possible copyright violation.

Replies: Dominions Son Switch Blayde

Dominions Son 🚫

@REP

That would be plagiarism and a possible copyright violation.

SB was talking about an book with an expired copyright.

1. With an expired copyright, no copyright violation is possible.

2 Outside of academia, plagiarism has no consequences beyond public scorn.

Switch Blayde 🚫

@REP

If ayou own a printed copy of the novel you can always sell it.

I own an original oil painting. I cannot make copies of it and sell those copies. I once wanted to use it as a book cover for a book that was for sale. I wasn't allowed to. I own the painting, but not the copyright.

But in this case I'm assuming the copyright has expired. I don't know if you can sell someone else's work even if the copyright has expired. I'm thinking you can.

Dominions Son 🚫

@Switch Blayde

IIRC, Lazeez has said that back when he started SOL, he seeded it with books that were either public domain, or orphaned copyrights.

Again, IIRC, those works are tagged as Novel-Pocketbook or Novel-Classic.

Replies: Switch Blayde

Switch Blayde 🚫

@Dominions Son

Again, IIRC, those works are tagged as Novel-Pocketbook or Novel-Classic.

But they're not for sale.

Replies: awnlee jawking

awnlee jawking 🚫

@Switch Blayde

But they're not for sale.

Some of them are on zbookstore.

AJ

DBActive 🚫

@Switch Blayde

Why is this even a question? That's why you can buy copies of Shakespeare's plays, Pride and Prejudice or Moby Dick from dozens of publishers. It's also why the film industry loves remaking movies based on books and plays with expired copyrights.

Replies: Switch Blayde

Switch Blayde 🚫

@DBActive

Then I guess you answered my question. Is it also true if the author's name is changed? Can someone publish "Hamlet" under the author name of Joe Blow?

Replies: DBActive

DBActive 🚫

@Switch Blayde

Someone might claims to be defauded, but no.

solitude 🚫

@Switch Blayde

It even has dated stuff in it like film in cameras and VCRs

If it's mentioning VCRs, it's a not old enough to be out of copyright.

Replies: Dominions Son

Dominions Son 🚫

@solitude

Also anything with cameras that use cellophane film is likely too recent for an expired copyright.

jimq2 🚫

@Switch Blayde

Yep, the VCR was released for consumer use in 1972, but was very high priced at the time. I couldn't afford one until sometime after 1982. I was one of the early users among our friends.

Mushroom 🚫

@Switch Blayde

This story is written like I remember the old porn novels years ago. So I was wondering if it's actually an old porn novel that is out of copyright.

Odds are that is not out of copyright, unless for some reason the owners of the work put it in the public domain.

Most likely, it is what is considered an "orphan work". That is where something actually is still under legal copyright, but the rights holder either no longer exists or can not be determined.

One such example would be Bee-Line. There were one of several publishers of pornographic novels, but the company went defunct in 2003 and the rights are pretty much abandoned.

But could they be sued? Sure, if somebody could show that they indeed own the rights. And it is wrong, as that is indeed plagiarism if they are claiming to be the author.

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Forum: Author Hangout

Novel out of copyright for sale

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