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

Copyright and old books

The idea of taking an old book, rewriting it and publishing it as your own might seem like a clever shortcut. But there may be legal and ethical issues to consider before you go any further.

Copyright law in the UK protects written works for a set period. Generally, copyright lasts for 70 years after the death of the author. Once that period ends, the work enters the public domain and can be freely used by anyone. Different rules can apply for works created by companies or under certain arrangements, so it is important to check the specifics of each situation.

This is not always straightforward. If the book was first published outside the UK, different rules may apply depending on the country of origin. International copyright protection is governed by conventions like the Berne Convention, which the UK is a part of, meaning mutual recognition of copyright terms might apply. Some works also have multiple authors or were published anonymously, which can affect the calculation and may require expert advice. You will need to research when the author died and where the work was first published before assuming it is free to use.

If you are unsure, you might consider consulting a solicitor who specialises in intellectual property law. The Intellectual Property Office also provides guidance on copyright duration on GOV.UK.

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What counts as plagiarism

Even if a book is out of copyright, there is still the question of plagiarism. Plagiarism is not a legal term in the same way copyright infringement is, but it carries real consequences in publishing.

Plagiarism does not only mean copying text word for word. It can also mean taking someone else's ideas, structure or creative work and presenting it as your own without acknowledgement. If you rewrite an old book closely, changing the words but keeping the plot, characters and themes intact, this could still be seen as passing off another writer's work as your own.

Publishers and readers tend to take a dim view of this, even when no law has been broken. Your reputation matters if you want a career in writing.

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Adaptations and retellings

There is a difference between plagiarism and legitimate adaptation. Retelling classic stories is an established literary tradition, and many such works are published each year based on fairy tales, myths and public domain novels.

The key is transparency and transformation. If you are drawing on a classic work, say so. Better still, bring something genuinely new to it. A fresh perspective, a different setting, or an original angle can turn a retelling into something worthwhile rather than a copy. Note that if the original work is still in copyright, creating derivative works may require permission from the rights holder.

Before you proceed

If you are considering this route, take these steps:

• Confirm the original work is in the public domain by checking the author's date of death and country of first publication.
• Consult the Intellectual Property Office guidance or seek legal advice if you are uncertain.
• Consider whether your version adds something original or simply imitates the source material.
• Be open about your influences if you do go ahead.

Rewriting an old book is not automatically wrong, but it requires diligence. Do your research, be honest about your sources, and aim to create something that stands on its own merits.

The Next Step

Now that you have read through the advice above, you might want to put it into practice. Our Writing Style Analyser lets you paste your writing and get feedback on style, tone, readability and structure. Try it now →