Mr. Pizza's Hardy Boys Forum

General Hardy Boys Discussion => General Hardy Boys Discussions => Public Domain => Topic started by: SkyWarp on March 25, 2023, 10:27:03 AM

Title: Public Domain of the Hardy Boys
Post by: SkyWarp on March 25, 2023, 10:27:03 AM
We had several smaller discussions scattered throughout the forums over the years on the public domain of the Hardy Boys (and similar/related series). 

But if one looks through amazon.com (at least the United States version) the public domain issue has really started to have a significant impact this year.  Just a search for Hardy Boys alone brings about a TON of reprints and other such similar things from all kinds of publishers and people. 

It's almost confusing to try to figure out what to buy.  How does one even decide if they are not knowledgeable of the Hardy Boys history to begin with? 

Just curious what everyone else's thoughts are on how the public domain will affect the short term and long term of the Hardy Boys.
Title: Re: Public Domain of the Hardy Boys
Post by: tomswift2002 on March 25, 2023, 03:04:00 PM
Just to be clear, the first 3 books from 1927 are in the Public Domain in the US.  In Canada, they are still under copyright until January 1, 2048, since, even for "works-for-hire" Canada uses the life-of-author-plus-70 rule (before January 1, 2023 it was life-plus-50, but that changed, however, it's not retroactive, so anything that entered Canada's public domain January 1, 2022 is still public domain).
Title: Re: Public Domain of the Hardy Boys
Post by: MacGyver on March 26, 2023, 12:13:46 AM
Well, for one thing, I've already heard  of fanfiction being written which it was presumed to now be legal for publication.
Title: Re: Public Domain of the Hardy Boys
Post by: NZone on March 26, 2023, 10:44:04 AM
Entering the public domain is great for the Hardy Boys. Intellectual property is an illegitimate government monopoly that stifles innovation.
Title: Re: Public Domain of the Hardy Boys
Post by: tomswift2002 on March 26, 2023, 11:13:15 AM
Quote from: MacGyver on March 26, 2023, 12:13:46 AMWell, for one thing, I've already heard  of fanfiction being written which it was presumed to now be legal for publication.

Fan fiction is one thing.  However, to publish it, it would be like Sherlock Holmes has been for the past number of years in the US.  They can only use elements and characters from the public domain stories.
Title: Re: Public Domain of the Hardy Boys
Post by: SkyWarp on March 27, 2023, 03:19:26 PM
Just curious, lets say that an author of a work of fiction was never known.  For instance, Let's say that a book had an unknown author and all the people that knew who that author was died without telling anyone who it was.  How does Canadian public domain work then?  When does it go into public domain if you have no idea when the author died?
Title: Re: Public Domain of the Hardy Boys
Post by: tomswift2002 on March 28, 2023, 08:40:35 AM
Quote from: SkyWarp on March 27, 2023, 03:19:26 PMJust curious, lets say that an author of a work of fiction was never known.  For instance, Let's say that a book had an unknown author and all the people that knew who that author was died without telling anyone who it was.  How does Canadian public domain work then?  When does it go into public domain if you have no idea when the author died?

When a work is published anonymously, then it was (prior to the recent changes) 50 years from publication (it might be 70 years now).  So the first 3 Hardy Boys were originally set to enter the Canadian Public Domain on January 1, 1978, however when McFarlane published his autobiography in 1976, he canceled that, and with his 1977 death pushed the expiration to January 1, 2028, and now January 1, 2048.
Title: Re: Public Domain of the Hardy Boys
Post by: VLoneWolf on March 28, 2023, 02:47:04 PM
How many Hardy Boys books are in the Public Domain?
Title: Re: Public Domain of the Hardy Boys
Post by: MacGyver on March 28, 2023, 03:43:00 PM
Just the first three original text books, I believe.
Title: Re: Public Domain of the Hardy Boys
Post by: tomswift2002 on March 28, 2023, 03:46:41 PM
Quote from: VLoneWolf on March 28, 2023, 02:47:04 PMHow many Hardy Boys books are in the Public Domain?

In the US just the first 3 books from 1927.  Their Revised versions are still under copyright.

In Canada the Original Texts of # 18, 19, 20 & 21.
Title: Re: Public Domain of the Hardy Boys
Post by: VLoneWolf on March 29, 2023, 02:47:30 PM
Thanks for the information I hadn't seen that anywhere.   
Title: Re: Public Domain of the Hardy Boys
Post by: tomswift2002 on March 29, 2023, 04:00:54 PM
In Canada #'s 18-21 are public domain due to Dr. John Button's death in 1967.  So those books (the originals not the revised) entered the Canadian Public Domain on January 1, 2018, since that was 50 years after Button's death.  And Canada did not extend the retroactive part to authors who died in 1972 or earlier.

Now then #17 The Secret Warning (original) was written by both Leslie McFarlane and Dr Button, and because of McFarlane, TSW will not enter the Canadian Public Domain until January 1, 2048.

Of course, the next set of Hardy Boys to enter the Canadian Public Domain will be the books written by Andrew E. Svenson, since he died in 1975.  So on January 1, 2046 the following Hardy's will be Public Domain:

7R
23R
28
29
45
48
50
52
53
54


Title: Re: Public Domain of the Hardy Boys
Post by: DickRoylet on May 23, 2023, 09:19:01 PM
Quote from: VLoneWolf on March 28, 2023, 02:47:04 PMHow many Hardy Boys books are in the Public Domain?

Four in the USA as of today.
Title: Re: Public Domain of the Hardy Boys
Post by: tomswift2002 on May 24, 2023, 07:50:28 AM
Quote from: DickRoylet on May 23, 2023, 09:19:01 PMFour in the USA as of today.

No, there's only 3 in the USA PD.  The next 3 books to enter the US PD will be the original texts of The Missing Chums, Hunting For Hidden Gold & The Shore Road Mystery on January 1, 2024, as their 1928 copyrights will expire.
Title: Re: Public Domain of the Hardy Boys
Post by: MysteryFan89 on May 24, 2023, 06:31:46 PM
Quote from: tomswift2002 on March 26, 2023, 11:13:15 AMFan fiction is one thing.  However, to publish it, it would be like Sherlock Holmes has been for the past number of years in the US.  They can only use elements and characters from the public domain stories.
I write fanfic, and never would want to publish it,
Title: Re: Public Domain of the Hardy Boys
Post by: DickRoylet on May 26, 2023, 08:38:52 AM
Quote from: tomswift2002 on May 24, 2023, 07:50:28 AMNo, there's only 3 in the USA PD.  The next 3 books to enter the US PD will be the original texts of The Missing Chums, Hunting For Hidden Gold & The Shore Road Mystery on January 1, 2024, as their 1928 copyrights will expire.

Nope. You forgot Desert Giant.
Title: Re: Public Domain of the Hardy Boys
Post by: tomswift2002 on May 27, 2023, 11:59:46 AM
Quote from: DickRoylet on May 26, 2023, 08:38:52 AMNope. You forgot Desert Giant.
Nope, Desert Giant is still under copyright in the US.  Desert Giant came out in 1961, and as far as I know its copyright was renewed in 1989, so it won't enter the US public domain until January 1, 2057. 

According to the US Copyright office, it looks like the Stratemeyer Syndicate renewed its copyright in 1984.

https://cocatalog.loc.gov/cgi-bin/Pwebrecon.cgi?Search_Arg=Mystery+of+the+desert+giant&Search_Code=TALL&PID=H2p6tXaZFL67ofTJ8IfvWgBHMX6t&SEQ=20230527125127&CNT=25&HIST=1


And from what I can tell, the James Buechler who wrote the book is still alive (he was only about 19 when the book came out), so Desert Giant's Canadian copyright will not expire until sometime after 2094.
Title: Re: Public Domain of the Hardy Boys
Post by: DickRoylet on May 27, 2023, 06:19:54 PM
Nope. Transfer != renewal.
Buechler graduated Harvard and got married in 1955. He wasn't thirteen then...
Title: Re: Public Domain of the Hardy Boys
Post by: tomswift2002 on May 28, 2023, 07:41:40 AM
Quote from: DickRoylet on May 27, 2023, 06:19:54 PMNope. Transfer != renewal.
Buechler graduated Harvard and got married in 1955. He wasn't thirteen then...
Which Buechler are you referring to?  I've asked other people who met the Buechler who wrote Giant and Owl, and those were some of his first books that he wrote after graduating high school when he was 18 or 19. 
Title: Re: Public Domain of the Hardy Boys
Post by: Svenska on June 06, 2023, 01:29:28 PM
My goodness.
Look at https://www.amazon.com/That-Heaven-There-Should-Place/dp/0963943707
for his biography.
Title: Re: Public Domain of the Hardy Boys
Post by: tomswift2002 on June 07, 2023, 06:57:41 PM
Quote from: Svenska on June 06, 2023, 01:29:28 PMMy goodness.
Look at https://www.amazon.com/That-Heaven-There-Should-Place/dp/0963943707
for his biography.

That's not the same Buechler who wrote "Desert Giant".  If the Buechler who wrote "Desert Giant" in 1960 was married in 1955, he would've been 14 when he married. 

And "Desert Giant" won't enter the US public domain until January 1, 2056.
Title: Re: Public Domain of the Hardy Boys
Post by: DickRoylet on June 07, 2023, 11:58:12 PM
You never seem to tire of making a complete and utter fool out of yourself.
Title: Re: Public Domain of the Hardy Boys
Post by: SkyWarp on June 08, 2023, 12:30:10 AM
Quote from: DickRoylet on June 07, 2023, 11:58:12 PMYou never seem to tire of making a complete and utter fool out of yourself.

There is a place for discussion and debate, but not comments like this.  Consider this a gentle warning. 

Also, let me just say this here as well for whoever it may apply, having more than one active account is not permitted. 
Title: Re: Public Domain of the Hardy Boys
Post by: tomswift2002 on September 17, 2023, 12:22:30 PM
Here's another Hardy Boys in the Canadian Public Domain: "The Hooded Hawk Mystery" (1954).  It was written by Charles S. Strong who died in 1962.  So it entered the Public Domain on January 1, 2013.
Title: Re: Public Domain of the Hardy Boys
Post by: Brentski on September 17, 2023, 11:29:56 PM
Quote from: tomswift2002 on September 17, 2023, 12:22:30 PMHere's another Hardy Boys in the Canadian Public Domain: "The Hooded Hawk Mystery" (1954).  It was written by Charles S. Strong who died in 1962.  So it entered the Public Domain on January 1, 2013.

I didn't find the OT on Archive.org and I don't have a copy any longer. I'll have to try to track down a copy on eBay to see if Jerry and Phil are in it. I think Jerry is going to be my albatross (see The Rime of the Ancient Mariner). I used him as a tech expert in part because he was under-used in the canon. Now this fact is narrowing my options for gaining legal status in Canada for my series. Ah, well. You lay your bet and take your chances.
Title: Re: Public Domain of the Hardy Boys
Post by: tomswift2002 on September 18, 2023, 07:56:29 AM
Quote from: Brentski on September 17, 2023, 11:29:56 PMI didn't find the OT on Archive.org and I don't have a copy any longer. I'll have to try to track down a copy on eBay to see if Jerry and Phil are in it. I think Jerry is going to be my albatross (see The Rime of the Ancient Mariner). I used him as a tech expert in part because he was under-used in the canon. Now this fact is narrowing my options for gaining legal status in Canada for my series. Ah, well. You lay your bet and take your chances.

Yeah it's one of those terrible things with copyright.  The main problem in Canada right now with the Hardy Boys is that the originating stories are still under copyright.  The stories that are in the public domain are derivatives of those originating stories. 

If you saw the other topic, I pointed out how the Tom Swift Sr series has the first 30 books in the series in the public domain in both countries (actually they are public domain in most countries with 70 year copyrights, so even in Britain people can use the stories without getting permission).
Title: Re: Public Domain of the Hardy Boys
Post by: MysteryFan89 on September 18, 2023, 11:28:10 AM
Quote from: Brentski on September 17, 2023, 11:29:56 PMI didn't find the OT on Archive.org and I don't have a copy any longer. I'll have to try to track down a copy on eBay to see if Jerry and Phil are in it. I think Jerry is going to be my albatross (see The Rime of the Ancient Mariner). I used him as a tech expert in part because he was under-used in the canon. Now this fact is narrowing my options for gaining legal status in Canada for my series. Ah, well. You lay your bet and take your chances.

Is that a book you've wrote or working on?
Title: Re: Public Domain of the Hardy Boys
Post by: tomswift2002 on September 18, 2023, 11:50:38 AM
Quote from: MysteryFan89 on September 18, 2023, 11:28:10 AMIs that a book you've wrote or working on?

"The Rime of the Ancient Mariner" is an English poem from 1798.

Here's Magneto reading it:

https://youtu.be/1raSUYAr0s0?si=XveZ3z0VxFl2tVOQ
Title: Re: Public Domain of the Hardy Boys
Post by: MysteryFan89 on September 18, 2023, 07:48:35 PM
Quote from: tomswift2002 on September 18, 2023, 11:50:38 AM"The Rime of the Ancient Mariner" is an English poem from 1798.

Here's Magneto reading it:

https://youtu.be/1raSUYAr0s0?si=XveZ3z0VxFl2tVOQ

Ah, interesting. Thanks for the link.