Re: literature copyright laws and public domain

On Tue, 22 Feb 2000, Chris C. Randall <randallc[_at_]river.it.gvsu.edu> wrote:
>
> I am interested in adapting a screenplay from a story written by
> Edgar Allen Poe. Specifically, the story is "The Facts in the Case of
> M. Valdemar." I am wondering if this story is public domain or if it
> is copyrighted and if so, how I can go about trying to get permission
> to use it. I want to make the screenplay into a short film. If you
> can help me or direct me to where I can get help, it would be much
> appreciated.

The lawyers here will tell you that "Facts" cannot be copyrighted (in the U.S., see Feist; "fiction" is what the lawyers on the other side write :-).

Seriously, you ought not to have any copyright problems. Poe died in 1849. I believe this story was published about 1845. Even after the latest extension of copyright, the original (and almost everything first published before 1923) would be in the public domain. It is possible, however, that copyright in such public domain material might be reinstated by some future law. In the meantime, no permission is necessary from anybody to create a derivative work from that story. I assume you take the work from an edition that is not under copyright (for example, not a scholarly edition with editorial emendations, but one first published before 1923). If the story was left unpublished upon Poe's death and was first published after 1922 then you will have to do more research.

When you create a new derivative work, your new work will be under your copyright unless you specifically disclaim that, and the copyright term will last until 70 years after your death, unless it is later extended by Congress. Thus, if you are adapting a screenplay written by somebody else, that screenplay is probably already under copyright and you would need the permission of that author to proceed with the film as a new derivative work.

I am not a lawyer, and you'd be wise to secure the services of a professional attorney competent in intellectual property law before making any plans to spend money on such a project.

But for questions such as these it ought not to be necessary to be a lawyer. I suggest you refer to:

(1) http://digital.library.upenn.edu/books/okbooks.html

    for general information, and the essential guide

(2) "The Copyright Handbook: How to Protect & Use

    Written Works (Copyright Handbook, 4th Ed)     by Stephen Fishman
    Paperback - 400 pages 4th Bk&Dk edition (September 1997)     Nolo.com; ISBN: 0873374142

I suspect that this story is online at Project Gutenberg but can't get to the servers to find out just now. (If not, it should be.) Good luck with your film!

-- 
"Eric"  Eric Eldred  Eldritch Press
mailto:Eldred[_at_]EldritchPress.org
http://www.eldritchpress.org/EricEldred.vcf