Public Domain of the Hardy Boys

[SkyWarp]

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.

[tomswift2002]

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).

[MacGyver]

Well, for one thing, I've already heard  of fanfiction being written which it was presumed to now be legal for publication.

[NZone]

Entering the public domain is great for the Hardy Boys. Intellectual property is an illegitimate government monopoly that stifles innovation.

[tomswift2002]

Well, 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.

[SkyWarp]

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?

[tomswift2002]

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?

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.

[VLoneWolf]

How many Hardy Boys books are in the Public Domain?

[MacGyver]

Just the first three original text books, I believe.

[tomswift2002]

How 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.

[VLoneWolf]

Thanks for the information I hadn't seen that anywhere.   

[tomswift2002]

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

[DickRoylet]

How many Hardy Boys books are in the Public Domain?

Four in the USA as of today.

[tomswift2002]

Four 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.

[MysteryFan89]

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.

I write fanfic, and never would want to publish it,