Could I Re-Write a Very Old Book and Publish It?

Q.

I have found a very old non-fiction book. Can I re-write this book using different words and settings and have it published eventually?

A.

You’re getting into a couple of interesting, and very tricky, legal areas with this idea, however devilish and cunning it might seem. Almost certainly, you’re not the first to have come up with a plan like this, but before you think of executing it, there are some things you need to be aware of.

The first is copyright law. It’s a legal labyrinth, but in essence it boils down to the fact that the copyright on a work remains with the author, or his successors, until 70 years after his death. However, if the work was first published outside the UK, then it becomes even more complex.

So, if you want to pursue your plan, you first need to know when the writer died, and do your research to ascertain where the book was first published and what particular copyright laws apply to it – which could involve consulting a specialist lawyer.

Even if everything is fine, that still doesn’t give you the moral right to plunder the original work, which brings us into the issue of plagiarism. What is plagiarism? In essence, it’s copying. It doesn’t have to be using the same words, it can be taking the same idea, stealing it in effect, which is really what you’re proposing.

For all that, plagiarism isn’t a criminal offence; you can’t be prosecuted by the law for it. Instead, if a piece is in copyright, you could be taken to civil court by the copyright holder.

Of course, if you’ve determined that the book you want to use for your idea is out of copyright, then technically you’re legally free, although ethically it’s still stealing.

Rather than simply rewriting the book, have you considered using it as an inspiration for an original work? It leaves you in a much better position morally (especially if you credit the original work for the inspiration) and leaves you free to develop the book as you wish, without slavishly following something else. It will give you a freer rein for your own creativity - even with non-fiction - and you can add original research.

If you do decide to simply rewrite, then submit to a publisher, you also run the risk of someone saying it reminds them of the original work, especially if the original is well-known. That would definitely lessen your chances of being published. It’s much better to be honest in your dealings.

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