Is it legal to make works derivative of Poe's?

[dragunzng]

I'm working on a videogame that uses the events of The Fall of the House of Usher as a pre-history, and takes place in the house itself. It also directly references Roderich and Madeline, but expands on the characters to create a family history.

I've been unable to find out definitelvely if this is legal, or whether I should go ahead and just change names and characters. Any information would really help, thanks in advance!

 

[sidious618]

I'm pretty sure that Poe's works are public but I'm not sure.

 

[Venardhi]

I believe they are in the public domain.

 

[Kommander]

A quick Google search leads me to believe that his stuff is public domain. Some specific editions may not be (such as, in itself, the story Cinderella is public domain, but the Disney animated version and other other retellings are protected), but since you're just using characters and some plot elements and not directly copying a work in it's entirety, you should be safe.

However, you might want to do a more detailed search (i.e.: longer than 30 seconds looking at two pages that came up under "Edgar Allen Poe public domain" on Google) to be sure.

 

[dragunzng]

Thanks, I was aware his work was public domain, but I've been unsure as to whether there might be an Estate that wouldn't appreciate my hacking his work to bits. I appreciate all the help though!

 

[Teelie]

Thanks, I was aware his work was public domain, but I've been unsure as to whether there might be an Estate that wouldn't appreciate my hacking his work to bits. I appreciate all the help though!

Trust me, some of the hacks who have gotten away with ripping off his stories have done pretty badly so you ought to be safe.

 

[Kommander]

Thanks, I was aware his work was public domain, but I've been unsure as to whether there might be an Estate that wouldn't appreciate my hacking his work to bits. I appreciate all the help though!

Public domain means public domain. If an estate has rights to something then it's not public domain. Even if there are some descendants of his around (I don't think Poe has any direct descendants) or whoever held the copyright after his death until it expired, and they don't like what's done with Poe's work, tough shit. There's nothing they can do about it.

 

[RJDiogenes]

Poe died just about a hundred and sixty years ago. All of his works are in the Public Domain. You are good to go.

 

[SeerSGB]

Isn't everything pre-1910 (roughly and IRC) Public domain in the US anyway?

 

[McCoy]

This topic reminds me of a game I played a few years ago.

http://en.wikipedia.org/wiki/The_Dark_Eye_(video_game)

Good times.

 

[RJDiogenes]

Isn't everything pre-1910 (roughly and IRC) Public domain in the US anyway?

Before 1923, I think.