Help with potential copyright issues

[goldenfleece]

Anyone who can advise me on how to approach this please reply...

 

I have just written a collection of childrens stories which I intend to publish, all of which are original works with 2 exceptions, where characters I have used have been 'borrowed' from the work of other writers. Under normal circumstances I would have contacted the copyright owner i each case and asked for permission to use a character, or to declare a character who was based heavily on an original copyrighted character. However, in each case, I have been totally unable to find who owns, if anyone does, the Copyright to the 2 stories I have 'adapted' for part of my book. Exhaustive web searches and book searches have yielded nothing.....

 

The first character who will have had some original copyright on is from a childrens story which I heard on a 78RPM record in the 60's, so it must have been older than that as 78's were obsolete by this time. It was on a yellow DANDY record label and titled CAN-CAN, the story of a goat who ate tin-cans. While the internet is stuffed with references about goats eating tin cans, there are zero references to any childrens story called CAN-CAN. The record company I can find no information or trace of (dont have the actual 78 rpm record anymore). WHat i dont know is if any copyright was on the original childrens story, which is certainly now older than 50 years, may have become public domain, or had the copyright renewed at some point. It may also have been an old fairy/folk tale, which would be public domain, but as stated, can find no references to any such childrens story ever having existed. It was only on a 78 RPM record, but did have a fold out sleeve book sort of thing with illustrations. Never seen or heard of a copy of this since.....it was an English 78rpm record release as it had a BBC type 'posh' narration.

 

So if I dont know who is, or how to contact the owner of the original work, nor can any trace of the said work, or the record company, be found, what would be the issue with me using the material as part of a new work? I really want to include this character in my work as it was such a good original story, but because I recall the story so vividly, I have kept it 90% close to the original, which fits into the setting for the rest of my collection of my own stories.

 

Anyone any suggestions? Dont ant to change the name of the character (the goat) because the whole thing ties up with related names.

[LordChaverly]

My best advice would be to try to change the names of the characters if at all possible, then you won't have any trouble. However, given what you have said above, you may well be OK anyway, providing your work doesn't make lots of wonga. Outraged 'original' authors only tend come crawling out of the woodwork when a book starts to make some serious money. Otherwise, its usually too much trouble and too costly to pursue claims. I have had parts of my works used without acknowledgement by other authors, but never thought it worthwhile pursuing them, as it would have made no financial sense to do so (quite apart from the time and effort involved).

[goldenfleece]

seems a good idea. Hoeever the cheracter name is essential to the theme of that section of the work, it ties in with a thread running through the story. Thats what I like about the original story, the name of the goat relates to the music running in the background of the story, the CAN CAN theme by Offenbach (Orpheus in the Underword). Now goats are well documented to eat tin cans, its a crazy general 'myth', so I suppose a goat called CAN CAN, dancing to Offenbachs Can Can theme and eating a tin can COULD be a con-incidence after all this time.......

 

and if anyone out there RECOGNIZES the basis of the story, let me know, as I have told this story to dozens of people who have never heard of it....

[JoeP]

There's a saying in film production - where there's a hit, there's a writ. Look at the current case going through the courts around 'The DaVinci Code'.

 

If you've used a character that was used elsewhere in a copyrighted item, you're almost certainly in breach of copyrigt of using the name, and with more recent materials there's likely to be a Trademark issue as well.

 

From what you're saying, I'd agree with Lord Chaverley. I've had a couple of my articles surface in India and Russia, and have no intention of pursuing copyright because I can't be faffed.

 

 

Your publisher will probably have a 'clearance' department who may be able to help if they fel it necessary.

 

Good Luck.

 

Joe

[goldenfleece]

fortunately no trade mark issues, and no evidence of any republication of the story in any shape or form since the 1950's.......chances are the original author may be dead, and the work long forgotten. If the work ever appeared in any form other than a 78 rpm childrens disk release, there is no record of it existing based on exhaustive searches. It was not a particularly exciting original story, I have have just used the character and the setting. The fact no one ever has heard of it suggests it has not appeared in any other medium or form since the record release.

 

Been trying to find out who DANDY records was in the 50's, but no joy, obviously an obscure childrens story record label that has long been dead. Never seen any other record with the DANDY label either. The record content would have copyright attached to it originally as the PUBLISHER of the work, but it will be more than 50 years old now. Perhaps its safe to assume no one will remember....or even care, its not going to be a Harry Potter, just a one off issue kids book, probably UK only.

 

My own company is publishing it, so it will have fairly limited distribution in any case. I do like to try and credit other writers though, as in "based on an original character created by *****", etc, and I cant do this so will have to leave it open.

[goldenfleece]

Apparently DANDY records were an american label circa 1920's.....just been told, but long since deceased......

[martinicus]

i never thought i would ever hear of anybody else who knew the can can story.

My mum bought me the 45 vinyl single in the early sixtieswhich i've still got.For some bizaare reason i've been strangely fascinated by it and still very occasionaly listen to it.Can can gets hungrier and hungrier as he goes back to his mother through the farm yard stopping to ask each animal what they are having for lunch. But unfortunately i can't help you at all ,just go for it if you have'nt already and tell me your progress.Martin