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James Bond in Public Domain in Canada (and a few more countries)


23 replies to this topic

#1 Walecs

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Posted 09 January 2015 - 01:47 PM

 



#2 hoagy

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Posted 09 January 2015 - 01:56 PM

"Bond, James Bond, eh ?"



#3 AMC Hornet

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Posted 09 January 2015 - 10:35 PM

"Bond, James Bond, eh ?"

CSIS's top agent.



#4 glidrose

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Posted 10 January 2015 - 08:36 PM

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#5 JCRendle

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Posted 12 January 2015 - 10:26 PM

Does this mean I could, if I wanted, write a James Bond novel and publish it in Canada, advertise it and sell it and (potentially) make money, and this would all be legal and the Ian Fleming Estate could do nothing?



#6 Walecs

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Posted 13 January 2015 - 12:52 PM

Does this mean I could, if I wanted, write a James Bond novel and publish it in Canada, advertise it and sell it and (potentially) make money, and this would all be legal and the Ian Fleming Estate could do nothing?

 

Exactly.

 

And in 20 years you will be able to do the same in Europe.



#7 Jim

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Posted 13 January 2015 - 01:32 PM

Not if James Bond is a trade mark.

 

Which I suspect it is.



#8 MkB

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Posted 13 January 2015 - 08:53 PM

Not if James Bond is a trade mark.
 
Which I suspect it is.


Could you elaborate on this Jim? I find the topic fascinating, but mynlegal knowledge is just appalling, I am afraid...

#9 Dustin

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Posted 13 January 2015 - 09:22 PM

Trademark signifies a commercial origin of a product or service. Insofar it's raison d'ĂȘtre is to protect this business and identify its brand and products. For example I cannot just import a hundred containers of jeans with 'Levi's' label if I haven't the right to do so.

The crucial thing here is, a copyright runs out sooner or later. Trademark use is basically unlimited until the rightful owner doesn't use it for a period, usually five years.

The line of argument here is obviously that 'James Bond - 007' is now no longer a literary figure but a trademarked asset and as such cannot just be claimed by anybody else but the holders. As long as they use this trademark. And they obviously intend to.

http://en.m.wikipedi.../wiki/Trademark

Edited by Dustin, 13 January 2015 - 09:23 PM.


#10 JCRendle

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Posted 13 January 2015 - 09:35 PM

Well, there goes my moneymaking scheme... I could always write about his fully Scottish cousin, Hamish Bond ;)



#11 Jim

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Posted 14 January 2015 - 06:43 AM

Good luck with the Passing Off action, there.

 

Seems, from the likes of Solo and Carte Blanche, that whilst the copyright in those books vests in Ian Fleming Productions, the trade marks James Bond and 007 have been used under licence from Danjaq.

 

There we were thinking that more Bond books and films were produced to be nice to us, when all it actually amounts to are attempts to prevent extremely lucrative rights from lapsing into desuetude. Somehow takes the sparkle out of it.



#12 JCRendle

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Posted 14 January 2015 - 10:13 AM

Good luck with the Passing Off action, there.

 

Is Passing Off applicable in Canada? Anyway, big companies like Aldi and Lidl Pass Off products all the time, if they can do it...



#13 Jim

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Posted 14 January 2015 - 10:23 AM

Seems to be. I was "sort of" joking but Bond is a commodity that deep pockets protect.

 

Some of this is relevant to why Fan Fiction isn't as prominent here any more. Also why we don't charge subscription fees.



#14 JCRendle

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Posted 14 January 2015 - 11:02 AM

Seems to be. I was "sort of" joking but Bond is a commodity that deep pockets protect.

 

Some of this is relevant to why Fan Fiction isn't as prominent here any more. Also why we don't charge subscription fees.

 

Of course



#15 Walecs

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Posted 15 January 2015 - 06:37 AM

There we were thinking that more Bond books and films were produced to be nice to us, when all it actually amounts to are attempts to prevent extremely lucrative rights from lapsing into desuetude. Somehow takes the sparkle out of it.

 

It couldn't be any worse than YOLT or DAD.



#16 Blofeld's Cat

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Posted 06 February 2015 - 12:39 AM

http://www.michaelge...sion-tpp-talks/



#17 glidrose

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Posted 02 December 2015 - 12:22 AM

http://www.gutenberg.ca  has several of Fleming's books available online.

 

The Canadian bookseller Indigo books also has their own public domain editions of Fleming's novels for sale in trade paperback and kindle. 

 

 

 

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#18 Single-O-Seven

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Posted 02 December 2015 - 01:56 AM

Yes, I've seen these recently filling up the shelves at Indigo and Chapters. Glad to see lots of Fleming on the shelves again, though I fear what else may come next with the copyright having expired. I don't mind the many iterations of Holmes, as the character seems to lend itself to different interpretations (or perhaps I've simply grown accustomed to them). However, with Bond, I like the circle being closed and reined in. Maybe it's just me being close minded, but Bond seems a more special and privileged case.

#19 GodwulfAZ

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Posted 28 December 2015 - 10:36 PM

Well, there goes my moneymaking scheme... I could always write about his fully Scottish cousin, Hamish Bond ;)

 

Speaking of which - almost - has anyone ever actually watched this movie? 

 

connery.jpg?w=869

According to the credits, even Bernard Lee and Lois Maxwell got in on this Bond spoof, starring Sean's younger brother.



#20 Major Tallon

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Posted 29 December 2015 - 12:47 AM

Yes, it was on TV way back when.  I confess I don't recall much about it, other than my reaction that it wasn't very good.



#21 Mendalla007

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Posted 29 December 2015 - 04:32 PM

http://www.gutenberg.ca  has several of Fleming's books available online.

 

The Canadian bookseller Indigo books also has their own public domain editions of Fleming's novels for sale in trade paperback and kindle. 

 

*facepalm*

 

Last time I was in my local Indigo (about a month ago) I noticed that they had an unusually large number of Bond novels out and wondered who had released a new edition. Never even clued in that it was because of the copyright ending.

 

*facepalm again*



#22 GodwulfAZ

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Posted 30 December 2015 - 07:37 PM

Should the Canadian government adopt the 70-year rule next year - as some folks are saying it may do - I wonder whether unsold copies of those books would then have to be destroyed.

 

By the way, I finished 'License Expired' last night, and it certainly is, as I wrote before, a mixed bag.  One excellent story, reminiscent of Fleming's 'The Quantum of Solace', perhaps a half dozen very decent others - including one by the board's own Ian M. - a couple of very different takes on the concept of a nonagenarian Bond, one stupid and pointless something that as near as I can figure out is supposed to be an attack on Fleming's manhood...?...and the other nine or so are pretty forgettable.   

 

On the subject of forgettable, I watched the first forty-five minutes of Operation Kid Brother on Amazon Prime last night, since it was free, and, well...I got my money's worth. 



#23 Mendalla007

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Posted 30 December 2015 - 10:02 PM

Should the Canadian government adopt the 70-year rule next year - as some folks are saying it may do - I wonder whether unsold copies of those books would then have to be destroyed.

 

 

 

That's because of IP provisions in TPP but I was also led to understand that we have an "out" clause that would allow us to choose to keep life+50 so it is not altogether clear what we will do. Justin Trudeau, our new PM, seems inclined to pass the deal and has a majority in the House of Commons so it should pass, but that doesn't answer the question of if or when we will harmonize our copyright law to life+70. For now, we'll enjoy the 007 freebies and deal with any changes to the law when they happen.

 

Not surprised by your review of "License Expired". Every theme anthology of this sort that I've read has had about those proportions.


Edited by Mendalla007, 30 December 2015 - 10:04 PM.


#24 glidrose

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Posted 31 December 2015 - 01:08 AM

Should the Canadian government adopt the 70-year rule next year - as some folks are saying it may do - I wonder whether unsold copies of those books would then have to be destroyed.


Interesting question. I do remember back in 1992 when the works James Joyce published in his lifetime came into the UK public domain. Back then UK copyright law was death plus 50 years. Publishers rushed out their public domain editions of "The Portrait of the Artist as a Young Man", "Dubliners", etc. However in 1995 the UK extended copyright to 70 years. I believe there were lawsuits and the end result was, if I remember correct, that those public domain editions published during those four years could remain in print and for sale, but that the publishers could not reprint those public domain editions once the current stock sold out.

Now, that's how my foggy mind remembers it.

If I'm wrong, please let me know.

As Canada is part of the British commonwealth and as UK high court rulings are highly persuasive to any subsequent Canadian court decision, then I suspect those public domain editions will remain for sale but no further editions will be allowed.

Of course, this may all be moot. As Mendalla007 has said, Canada may have an "out" clause.