Off Copyright - fiction heaven or hell?

 by Michael Chandos

   When actors get old and are no longer being cast in new projects, they either retire to Malibu and Palm Springs, or they disappear into some small town in Idaho. They go to fan conventions to sell photos and signatures, do commercials for rejuvenating drugs, or get a degree in nursing and end up changing sheets in a small hospital where no one knows their previous identity. Veronica Lake was the Number One actress in the late Forties and early Fifties. She lost all her money in independent movie schemes and ended up a server in the bar of a rundown hotel in downtown Philadelphia. Only a few end up playing golf in Palm Springs.

   Where do written mysteries go?  Before 1978, published work copyrights lasted 28 years, with an additional renewal term of another 28 years. The law changed in 1978 to something like the date of the author's death plus 50 years. Thanks to Congressman Sonny Bono, the current law reads: 

• Sonny Bono Copyright Term Extension Act (1998)
  Life of the author, plus 70 years (generally)
  95 years from date of publication or 120 years from date of creation (anonymous works, pseudonymous works, and works made for hire)

   Many works from earlier in the Century, like ACD's Sherlock Holmes, were renewed under the current law, but, since Sir Arthur died in 1930, the copyright protection for all the Sherlock works expired into the public domain in 2000. Who else?  Mickey Mouse, Popeye, Peter Pan, The Wizard of Oz. As of 1 January 2026, Betty Boop, originally a singing dog in the comics, joined this distinguished crowd.  So did three iconic mystery titles and authors.

   

   I think Agatha Christie is the Number One best-selling mystery author in the world. Over two BILLION copies sold. Her many works are classics, often filmed, always in print.  And now, available to publishers without necessitating permission from her estate.

   The first four Nancy Drew mysteries are now out of copyright. Mildred Whit Benson wrote 23 of the novels. Her pseudonym soon became a House pen-name for dozens of further Nancy Drew books, and for several spin-off series. Did you start your mystery reading with "The Secret of the Old Clock"? In the next few years, the novels were written by men and women under hire to the publisher, 78 in total. They all will slowly be released from copyright as the years move on. They all are also still in print.

   Samuel Dashiell Hammett is a foundational author of the American mystery story, often realistic hard-boiled stories based on his years as a Pinkerton detective himself. His novels are high on multiple Best Of lists, including those accepted by the Library of Congress. The (third) movie of the "Maltese Falcon" is equally enshrined in cinematic Best Of lists.

   Copyrights are complicated, but the "70 years after the author's death" provision rules strongly. Some people claim copyright to images and derived works, but those will eventually fall out of copyright too and into the public domain.

Even a Nobel Prize can't disturb the process.