Public domain question

[gogoshire]

I am working on adapting a novel written in 1823 and republished in 1854, so it's in the public domain and I don't have to worry about copywrite.

Here's a hypothetical:
What if someone republished it after 1978 - does that publisher have the rights or does it only matter when it was originally published?

I'm guessing the latter because theatres do Shakespeare without paying royalties even when the script is coming from a recently published paperback, but I'm not sure.

Thanks.

[maestrowork]

IIRC, I think it's based on the original copyright. However, if you copy, distribute, or whatever with the "published/printed" material by that particular publisher (say, Penguin's copy of "Romeo and Juliet") then you're infringing on their rights.

[Joe Calabrese]

As long as your script is based on the earlier version (I'm sure the 1978 edition would be a new translation, have a new preface or into, or have some additional material added) then you should be fine.

I would however contact a copyright laywer with the specifics, before investing any time into it.

I would also check to see if there is already a screenplay, either under preproduction or produced for that novel.

[gogoshire]

Thanks guys.

There isn't any version later than the 1854; I was just curious about how the laws work in general. For instance, if a publisher wanted to do a new edition of ROMEO AND JULIET, it could, right? It wouldn't matter that 30 other publishers have editions, right?

I've been searching for 10 years with rare booksellers for a print copy and cannot find one anywhere except in 7 libraries. The author is virtually forgotten, so I'm not worried that anyone else is working on this project. I think the story is terrific and would make a great script.