I once wrote a book called "Tom Sawyer." The copyright has expired. Legally, could you now stick your byline on my story and call it your own?
I once wrote a book called "Tom Sawyer." The copyright has expired. Legally, could you now stick your byline on my story and call it your own?
The copyright has expired.
Are you sure it expired?
Works published after 1923 but before 1978 are protected for 95 years from the date of publication. Starting Jan. 1, 1978, the copyright lasts for the life of the author plus 70 years.
Copyright expired, means book in public domain. You can do whatever you feel like. Legally, there is no rights holder to stop you.
Of course, putting your name on a famous work of literature is absolute scum and people will let you know what kind of scum you are if you did such a terrible thing, but legally, nobody can stop you.
I don't think that is exactly correct. Yes, it is in the public domain and available to be freely quoted or reproduced in its entirety, without permission or fees.
Additionally, it is no longer "copyrightable" by anyone. Effective "rights holder" would be USG, which would deny any such attempts.
Effective "rights holder" would be USG,
No. The way the US Copyright Law is written, once a copyright expires, there is no rights holder. Even the US government would not have standing to enforce anything in regards to works in the public domain.
There is no rights holder for public domain works, because there are no rights to be held.
True, but if someone tried to claim a copyright on a public domain item, it will be the USG (or foreign govt) that will deny that requested copyright, thus being "effective" rights holder.
it will be the USG (or foreign govt) that will deny that requested copyright, thus being "effective" rights holder.
No, it won't, there is no applying for a copyright, so there won't be anything to deny.
If it happens, it will be by judge in a civil copyright lawsuit between two private parties.
Also, doing that would not create a new copyright, so the work would still be public domain.
No, but a lot of people have taken works by dead 'dead tree' authors and changed them into a more modern setting and made screen plays or other type works from the original works and then get copyrights on the derivative works. Look at all the modern adaptions of Shakespeare and Arthur Conan Doyle as two examples.
I once wrote a book called "Tom Sawyer."
When you say "I", do you mean you or Mark Twain?
I once wrote a book called "Tom Sawyer."
When you say "I", do you mean you or Mark Twain?
In the US can he legally change his name to Mark Twain?
HM.
In the US can he legally change his name to Mark Twain?
It depends on what state he lives in.
My understanding is that in most US states a legal name change (other than a woman's last name changing due to marriage) has to be approved by a judge.
My state, Wisconsin, still allows common law name changes. As long as it's not done for fraudulent purposes, all you have to do is start using the new name to the exclusion of your old name.
For states where judicial approval is required, the requirements/restrictions likely vary some from state to state, but I imagine that trying to change your name to match some famous/historically significant person would get some push back.
change his name to Mark Twain
The author "Mark Twain" was a pseudonym for Samuel L. Clemens so nobody was legally named Mark Twain. I think it was a remark made by riverboat pilots to indicate the depth of the river. ""Mark Twain" (meaning "Mark number two") was a Mississippi River term: the second mark on the line that measured depth signified two fathoms, or twelve feet—safe depth for the steamboat."
The author "Mark Twain" was a pseudonym for Samuel L. Clemens so nobody was legally named Mark Twain.
I was aware of that, but it isn't really relevant to my comment in any way.
The author "Mark Twain" was a pseudonym for Samuel L. Clemens so nobody was legally named Mark Twain.
I was aware of that, my question implied the possible difference between trying to change his name to that of a famous (dead) person or to a famous pseudonym.
How about a fictive person?
I faintly remember a TV series with a female PI who pretends to work for a fictive male boss. She gets really successful, but then a guy comes and declares he is this (fictive) person and tries to take over.
HM.
https://en.wikipedia.org/wiki/Remington_Steele
Remington Steele's premise is that Laura Holt, a licensed private investigator (Stephanie Zimbalist) opened a detective agency under her own name but found potential clients refused to hire a woman, no matter how qualified. To solve the problem, Laura invents a fictitious male superior she names Remington Steele. Through a series of events in the first episode, "License to Steele", Pierce Brosnan's character, a former thief and con man (whose real name even he proves not to know and is never revealed), assumes the identity of Remington Steele. Behind the scenes, a power struggle ensues between Laura and Steele as to who is really in charge, while the two carry on a casual romantic relationship.
My understanding is that in most US states a legal name change (other than a woman's last name changing due to marriage) has to be approved by a judge.
It is certainly the case in TN and NC. Not sure of anywhere else.
It is certainly the case in TN and NC. Not sure of anywhere else.
My understanding is that Wisconsin is one of only a few exceptions, possibly the only exception.
Washington state, in this matter, as in so many others, is "Mad as a Hatter"...
We have people who have legally changed their names to that of famous people, or names such as: "All of the Above" "The Good Space Guy" "Mike the Mover" and "Absolutely Nobody"
Then there are names such as John Smith
There goes the obligatory Bobby Tables reference, who's full name ostensibly is: Robert'); DROP TABLE Students;--