Piqua, OH asked in Copyright and Intellectual Property for Ohio

Q: Can I publish new illustrations for a children's book that the copy right has ran out

2 Lawyer Answers
James L. Arrasmith
PREMIUM
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Answered

A: Yes, you can publish new illustrations for a children's book where the copyright has expired. When a book enters the public domain, it means that the copyright protection has ended, and the original content can be freely used by anyone. You are free to create and publish your own illustrations for the story.

However, you should ensure that the book is indeed in the public domain. Copyright laws vary by country, but generally, works published before 1923 are in the public domain in the United States. For works published later, it’s important to check the specific copyright duration and confirm its expiration.

Once you’ve verified the copyright status, you can proceed with your new illustrations and publish them without infringing on any existing rights. This can be a great opportunity to bring a fresh perspective to a classic story.

Bao Tran
PREMIUM
Answered

A: Yes, you can publish new illustrations for a children's book if the copyright on the original illustrations has expired. Here are the key points to consider:

Copyright Expiration

Public Domain: If the original illustrator has been dead for more than 70 years, the illustrations are likely in the public domain, meaning you can use them without seeking permission.

Jurisdiction: Ensure you are aware of the copyright laws specific to your country, as they can vary. For example, in the USA, works published before 1927 are generally in the public domain.

Using Public Domain Illustrations

No Copyright: Public domain illustrations cannot be copyrighted again unless they are significantly altered.

High-Resolution Copies: You can scan or photograph the original illustrations to use in your new publication.

Steps to Ensure Compliance

Verify Public Domain Status: Confirm that the original illustrations are indeed in the public domain. This involves checking the death date of the illustrator and ensuring it has been more than 70 years.

Consult Legal Advice: If unsure, consult with a copyright attorney to avoid any legal complications.

By following these guidelines, you can safely use public domain illustrations in your new children's book.

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