Copyright Advice Needed

IanT

Hi guys,

I'm working on a project at the moment. Without giving too much details it is a book relating to certain aspects of the James Bond lifestyle. It is at my publishers and the question has been raised: does the Ian Fleming estate have any control over the content?

The book is a factual book that gives the reader ways in which they can live like Bond. There are a few quotes from the books and where this happens I have attributed the quote to the book.

I have referred to Ian Fleming's recipe for scrambled eggs, and Bond's London breakfast - providing a recipe for the latter.

Does any of this need to be approved by the Ian Fleming estate or, as a book inspired by the works of Ian Fleming, am I clear of any copyright infringement?

If anyone has any experience of this, I would be very grateful for advice.

AlphaOmegaSin

I would have thought that Fleming's Scrambled Eggs Recipe would be copyrighted.

Unfortunately, I'm not sure about the other Aspects.

hehadlotsofguts

I would've thought any Bond related stuff would be fair use because the copyrights usually expires 50 years after the creator of the copyrighted material dies. It has been 51 years since Fleming died.

Thunderbird 2

Its been a while since I studied this kind of thing, and I didn't do literary copyright law. However, as best I understand it, since the Bond novels are still getting produced, someone has the copyright ownership on the books, and any tie in literature. You need to find out who they are, and get permission. Esp if you are quoting the material. Your book will need to at least show permission has been granted, and includes a statement to show that no copyright infringement is intended, and who owns what, and rhat your book reflwcts that. Esp if it is a purchasable publication intended to make money.
If any aspect of the films is referenced - even a photographic still, or sketch design, same story. EON and Sony are particuaraly on the ball with these things.

In literary terms the copyright expires 100 years after the publication, not 50.


My advice is find a lawyer who is a specalist in arts copyright law and ask them. In the long run you could save yourself a lot of time, money and trouble!

Barbel

The following links may help:

http://www.thebookbond.com/2010/01/why-bond-didnt-enter-public-domain-on.html

http://io9.com/what-does-it-mean-now-that-james-bonds-in-canadas-publi-1678191830

IanT

Cheers guys. I've been doing a bit of research and there is a fair use exception with regards to quotations. At this moment, there has been no precedent set and each case will be on a case by case basis.

A recipe, such as the scrambled eggs one, is not necessarily copyrighted. A list of ingredients is a list of facts, but the method of putting the ingredients together can be.

So you see, nothing is quite straightforward.

AlphaOmegaSin

I wish you Luck on your Book {[]

IanT

Thank you {[]

Thunderpussy

Yes Good luck with it IanT. {[] a couple of AJBers have written Books, so hopefully we can add your name. -{

ggl007

Keep us informed! I want to read that! :007)

perdogg

hehadlotsofguts wrote:

I would've thought any Bond related stuff would be fair use because the copyrights usually expires 50 years after the creator of the copyrighted material dies. It has been 51 years since Fleming died.

No, that is only in Canada. It is 70 years in the UK, at least 95 years from first published in the US

DEFIANT 74205

IanT wrote:

Hi guys,

I'm working on a project at the moment. Without giving too much details it is a book relating to certain aspects of the James Bond lifestyle. It is at my publishers and the question has been raised: does the Ian Fleming estate have any control over the content?

The book is a factual book that gives the reader ways in which they can live like Bond. There are a few quotes from the books and where this happens I have attributed the quote to the book.

I have referred to Ian Fleming's recipe for scrambled eggs, and Bond's London breakfast - providing a recipe for the latter.

Does any of this need to be approved by the Ian Fleming estate or, as a book inspired by the works of Ian Fleming, am I clear of any copyright infringement?

If anyone has any experience of this, I would be very grateful for advice.

Firstly, where are you? Copyright differs from jurisdiction to jurisdiction. In Australia, copyright lasts 70 years after the end of the year in which the author died, which means that the original Fleming novels won't become public domain until 1 January 2035. In other jurisdictions, copyright may be longer or shorter in duration. You need to consult a lawyer.

IanT wrote:

Cheers guys. I've been doing a bit of research and there is a fair use exception with regards to quotations. At this moment, there has been no precedent set and each case will be on a case by case basis.

A recipe, such as the scrambled eggs one, is not necessarily copyrighted. A list of ingredients is a list of facts, but the method of putting the ingredients together can be.

So you see, nothing is quite straightforward.

'Fair use' also differs from jurisdiction to jurisdiction. There's no such thing as 'fair use' under the Australian Copyright Act, only 'fair dealing'. What you have described doesn't fall under the 'fair dealing' exemptions in Australia. I don't know enough about other exceptions which may be available elsewhere to properly advise on that.

Also, I think assuming that a recipe is not subject to copyright is dangerous. The originality requirement for copyright protection is not high. I would argue that Fleming's scrambled eggs recipe is subject to copyright in and of itself, as is, obviously, his recipe for 'Vesper'.

My view is that you will need to seek a licence to use such material from the owners of the copyright, or hold off on your manuscript until copyright expires.

One more thing: even if copyright has expired in the country where you live, until copyright expires in every jurisdiction in which you want to publish your book, you may in fact be infringing copyright by publishing your book in a jurisdiction where the original work is still subject to copyright - meaning that you will need to carefully control where your book is sold.

Lady Ice

Although it sounds straightforward, you do need to work out who has the copyright on various elements. Don't assume anything.