Wrote fan fiction, original work copyright expired in some countries, but not all

[An Enquiring Mind]

Jurisdiction

Other

The length of copyright protection varies from country to country. I've written some fan fiction that I want to publish. The original author's copyright will expire in some countries in 4 years, in others, 24 years.

If I publish and sell it only in the countries in which the copyright has expired -- because I do want to respect the copyright laws! - what is my legal situation in countries like the US, UK, and other Berne copyright convention countries where the copyright still has 20 years more to run?

Is my work protected by copyright even though I can't sell it where the original author's copyright has expired?

I will be placing instructions in the book as to which countries it can be offered for sale in. Do I have any legal exposure if someone buys my work and then resells it where it's not supposed to be offered for sale?

 

[army judge]

This site discusses the various federal and state laws of the USA.

I suggest you seek sites that discuss the laws of the nations that are the situs of your inquiries.

 

[adjusterjack]

The original author's copyright will expire in some countries in 4 years, in others, 24 years.

Then wait or get consent. Period.

Don't steal somebody else's work just because you think there might be a loophole.

There are international copyright treaties that seriously favor the originators of the work.

You could end up spending a fortune on attorney fees to battle a lawsuit that could drive you into bankruptcy.

 

[An Enquiring Mind]

I'm going to try this again, because the people who responded the first time clearly did not understand my question, gave an answer castigating me for something I have no intention of doing (and said so), and then locked the thread so I couldn't clarify.

I've written some fan fiction.

I want to publish it in a fully legal manner and respecting all copyright laws.

I hope the above sentence is clear. But just to be sure, I'll repeat it.

I want to publish it in a fully legal manner and respecting all copyright laws.

So, on with my questions.

The length of copyright protection varies from country to country. The original author's copyright will expire in some countries in 4 years, in others, 24 years.

My understanding is, under the law, I could publish and sell my work in the countries in which the copyright has expired. It would be both within the law and within the spirit behind the creation of copyright laws.

It would also be after the time period in which the work was originally copyright protected in all nations when the author died. (An extra 20 years was added in some countries many years after this original author's death.) Not a legal point, but it is a moral one.

If I publish my work for sale, I will only publish and sell it in the countries in which the copyright has expired -- because I do want to respect the copyright laws!

So, my two questions are:

1) What is my legal situation in countries like the US, UK, and other Berne copyright convention countries where the copyright still has 20 years more to run? I am respecting their copyright in those countries in not selling my work in those countries. Are they obligated to respect my copyright as well?

2) I will be placing instructions in the book to list in which countries it can be offered for sale. Do I have any legal exposure if someone buys my work and then resells it where it's not supposed to be offered for sale?

 

[adjusterjack]

My understanding is, under the law, I could publish and sell my work in the countries in which the copyright has expired. It would be both within the law and within the spirit behind the creation of copyright laws.

Then feel free to rely on your "understanding" and do what you want.

The "best" and "legal" way is to get consent.

Or take your chances on getting sued, no matter what we say and no matter what kind of disclaimers you use.

Oh, you could, of course, hire a copyright lawyer who is experienced with international copyright law.