Home ยป Forum ยป Author Hangout

Forum: Author Hangout

Novel out of copyright for sale

Switch Blayde ๐Ÿšซ

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.

REP ๐Ÿšซ

@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.

Dominions Son ๐Ÿšซ

@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 ๐Ÿšซ

@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 ๐Ÿšซ

@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 ๐Ÿšซ

@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 ๐Ÿšซ

@Switch Blayde

But they're not for sale.

Some of them are on zbookstore.

AJ

DBActive ๐Ÿšซ

@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 ๐Ÿšซ

@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 ๐Ÿšซ

@Switch Blayde

Someone might claims to be defauded, but no.

solitude ๐Ÿšซ

@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 ๐Ÿšซ

@solitude

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

Replies:   jdean1940
jdean1940 ๐Ÿšซ

@Dominions Son

Really old film was cellulose nitrate. George Eastman invented it in 1889. It was very flammable and degraded with time by oxidation. Kodak invented a substitute film using cellulose di-acetate and promoted it as 'Safety Film'. Everyone, Agfa, Ansco, Ilford, etc., switched away from nitrocellulose at about the same time. The switch over was 1909, almost a hundred twenty years ago. In the USA a copyright is valid for the life of the author plus 70 years.

Replies:   Dominions Son
Dominions Son ๐Ÿšซ

@jdean1940

In the USA a copyright is valid for the life of the author plus 70 years.

Actually, the 1909 copyright act had a term of 28 years, renewable once and once only for a total of 56 years, and you had to register to have a copyright at all.

1976 copyright act, changed it to life + 50 years, matching the Berne Convention. And that increase in the term was not retroactive.

In 1998, they extended it to life + 70 years and made it retroactive to all copyrights that were still live.

1998 - 58 = anything pre-1940 is public domain.

Replies:   Dinsdale
Dinsdale ๐Ÿšซ

@Dominions Son

1998 - 58 = anything pre-1940 is public domain.

That applies in the US, does it apply in - for example - Canada? In any jurisdiction where the Bern Convention still applies, any work where the author died in/before 1976 would either be out of copyright already or at the end of this year.

jimq2 ๐Ÿšซ

@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.

Replies:   ystokes  TheDarkKnight
ystokes ๐Ÿšซ

@jimq2

I remember when VCR's first came out their competition was the Betamax. That one lasted a year or so.

Replies:   Michael Loucks  jimq2
Michael Loucks ๐Ÿšซ

@ystokes

That one lasted a year or so.

Betamax lasted far longer than a year against VHS.

It was about a 60/40 split in 1980, and Beta continued until around 2015.

I still have a Betamax player and tapes.

jimq2 ๐Ÿšซ

@ystokes

The only thing that Betamax lost on was marketing & price. VHS was pushed heavily at a lower price. Beta had a better system, but... A friend had several Beta machines and literally 1000's of tapes as they recorded a finer picture. As I understand, the system was very similar to the systems used by TV stations.

Replies:   Michael Loucks
Michael Loucks ๐Ÿšซ

@jimq2

The only thing that Betamax lost on was marketing & price.

And longer recording times. Up to 6 hours (at lower quality, of course) on VHS, versus 1 hour (initially) on Betamax.

Replies:   madnige
madnige ๐Ÿšซ

@Michael Loucks

longer recording times. Up to 6 hours (at lower quality, of course) on VHS

As well as many E240 (4hr) tapes I had a couple of E300 (5hr) tapes, so recording those at the lower quality half-speed would give 10hr recording - but, my recorder back then only handled standard speed. The 5hr tape was long enough to record an all-day sporting event while I was out, though.

TheDarkKnight ๐Ÿšซ

@jimq2

My first VCR was a wired (as opposed to a remote-controlled) Betamax. I did my homework, thought I had selected the best option, only to find out a couple of years later that Beta tapes were almost impossible to find. Not the first time in my life I've tried to jump on a bandwagon and missed.

Mushroom ๐Ÿšซ

@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.

mrherewriting ๐Ÿšซ

@Switch Blayde

According to Google's all powerful AI, yes, you can, so long as it is the original work with the exact same text and not an updated version protected by a new copyright and so long as nothing within the old is tradmarked.

It's probably some guy looking to make a quick buck and so long as no one cares, neither will the sellers.

Replies:   Bondi Beach
Bondi Beach ๐Ÿšซ

@mrherewriting

According to Google's all powerful AI, yes, you can, so long as it is the original work with the exact same text and not an updated version protected by a new copyright and so long as nothing within the old is tradmarked.

Amazon lists numerous editions of Jane Austen novels, evidently published exactly that way.

~ JBB

Replies:   mrherewriting
mrherewriting ๐Ÿšซ
Updated:

@Bondi Beach

Time to water down the market, I think.

Find every out-of-copyright story you can, publish them, $1 dollar each and the advertise as every dollar made is going to charity.

Back to Top

 

WARNING! ADULT CONTENT...

Storiesonline is for adult entertainment only. By accessing this site you declare that you are of legal age and that you agree with our Terms of Service and Privacy Policy.


Log In