Re: Copyright and production of simplified readers

1. Rewriting a novel is creating a derivative work which is one of the exclusive rights of the copyright holder in the underlying work. So what you are supposed to do is get permission -- a license -- to make and distribute the derivative work.
2. This is more of a trademark question or passing off question. You cannot copyright a title and the author is just a fact and not copyrightable or otherwise protected by copyright. But you would need to take care not to allow someone to think that they were getting the original, as you note you would.
3. You can use public domain novels. But, since copyright lasts until long after the death of the author (life plus 70 years often), you cannot rely on using the works of dead authors unless they died more than 70 years ago, and even in those instances the copyright could still be in force. For example, for the US the work would need to have been published before 1923.

As to works published in countries without copyright law -- there are some complexities there that I will not go into here. Suffice to say, one should check carefully on that since many countries that you might not think have such laws actually do.

On Apr 10, 2006, at 3:50 PM, Benedetta Bassetti wrote:

> Dear all,
>
> I have just joined this list because I hope someone will be kind
> enough to answer a question.
>
> Some colleagues and I would like to create simplified readers for
> second language learners. We would take an existing novel and
> rewrite the story using simple words, adding translations and
> notes. The thing would be sold as a booklet, with a cd-rom
> containing audio files and the electronic files of our story.
>
> Our questions are:
> 1) since we are writing our own version of the story, there should
> be no copyright problems. Still, we are summarizing someone else's
> novel. What are we supposed to do with regards to copyright?
> 2) Can we use the title of the original novel and the author's
> name, while still making clear that this is a simplified version
> and not the original novel?
> 3) if neither of these is possible, is it possible to use novels by
> authors who are dead, or in countries not covered by copyright?
>
> Apologies for very basic questions, we are completely naive.
> Thank you very much for any help!
>
> Benedetta Bassetti
>

-- 
Prof. Steven D. Jamar                               vox:  202-806-8017
Howard University School of Law                     fax:  202-806-8567
2900 Van Ness Street NW                   mailto:stevenjamar[_at_]gmail.com
Washington, DC  20008   http://www.law.howard.edu/faculty/pages/jamar/

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