Two New Public Domain Hardy Boys

[tomswift2002]

Merry Christmas and Happy New Year! 

As we start 2025, two new Hardy Boys books enter the US public domain.  These are from 1929, and a few weeks ago I hinted at one.

So #7 The Secret of the Caves and #8 The Mystery of Cabin Island, both by Leslie McFarlane, as of 12:00 A.M. this month became public domain.  However, the 1965 The Secret of the Caves and the 1966 The Mystery of Cabin Island are still under US copyright until January 1, 2061 (Caves) and January 1, 2062 (Cabin).  Also in Canada the 1929 books are still under copyright until January 1, 2048, 70 years after Leslie McFarlane's death.  Other countries have different lengths so these books may or may not be in the public domain in those countries.

#9 The Great Airport Mystery was not published until 1930, so it will not enter the US public domain until New Year's next year (same date as when the first 4 Nancy Drew's from 1930 will enter the US public domain).

Also another Stratemeyer Syndicate book to enter the US public domain at 12:00 a.m. this morning was Tom Swift #32, Tom Swift And His House On Wheels.  This is a huge book overall in the Tom Swift series, and all the other Tom Swift series, because Tom Swift and Mary Nestor get married in House On Wheels and thus was the starting point for the later "Tom Swift Jr. Adventures" series, because after this Mary Nestor was known as Mrs. Mary Swift.  Also, because of Howard Garis's death in 1962, this book entered the Canadian public domain on January 1, 2013.

[CalvinKnox]

How does it work with the original books not being in the public domain in Canada? I was looking at the indigo Chapter's website and they seemed to have several different versions of the original text available. (Including ones with covers obviously illustrated by people who knew nothing about the stories, showing the old mill as a windmill and the house on the cliff overlooking a pine forest)

[tomswift2002]

How does it work with the original books not being in the public domain in Canada? I was looking at the indigo Chapter's website and they seemed to have several different versions of the original text available. (Including ones with covers obviously illustrated by people who knew nothing about the stories, showing the old mill as a windmill and the house on the cliff overlooking a pine forest)

In Canada copyright for works for hire is based on the life of the author plus 70 years from the death of the author or last author (prior to 2022 it was life plus 50). 

Right now in Canada with those public domain texts they shouldn't be available and if S&S found out about them they would be able to send cease & desist letters.

However the other thing, and this is where S&S would probably take legal action is if someone tried to make a movie or TV show or computer game based on the 8 books in the US public domain.  The producers could use the books for free in the US, but if they didn't get S&S's permission for Canada, S&S would be able to sue them for copyright infringement in Canada, not to mention trademark infringement.  It would be like about 10 years ago where I remember "Mr. Holmes" the movie was being talked about how in the UK (country of copyright origin) & Canada it could be distributed with Doyle's heirs not receiving any royalties from the film in either country, because all the Holmes stories were in the public domain in the UK & Canada, whereas the US distributors had to pay royalties because the film used elements from the stories that were (in 2015) still under US copyright.  So even if the book is in the public domain in it's country of copyright origin, under international copyright convention, such as the Berne Convention (to which Canada and the US are both signatories, along with 179 other countries who are signatories), any book or literary work from a foreign country receives the same length of copyright as a domestic author.  So in Canada works for hire use the life of the author plus 70 years,  not a set amount of time, like the US's 95 years.  Or in the case of books published anonymously, it is 70 years (since 2022) from time of first publication.