The Stuff Sequels Are Made Of

By Gordon Hopkins I've written about copyright and public domain before. This morning, I woke up to some news that caused me to set aside my latest rant and take up this topic once again.When a writer creates an especially impactful character, one that captures the public's imagination like a Sherlock Holmes or a James Bond or a Superman, the public will demand more adventures for that character, whether it is a good idea or not. Always on the lookout for a buck, publishers and movie makers and TV producers will always be happy to oblige, whether it is a good idea or not.Of course, this can be a problem when the original creator is dead. Still, there's no problem a good lawyer and a bag full of money can't solve. Despite being dead since 1975, mystery writer Rex Stout's corpulent private eye, Nero Wolfe, continues to appear in new novels. That is over the objections of Stout, himself. When asked in an interview how he felt about another writer penning a Nero Wolfe story, Stout was blunt, “Let them roll their own.”The executors of his estate felt otherwise. This is not a knock against Robert Goldsborough, the writer currently writing the Nero Wolfe series and whose books I buy as soon as they become available. I'm simply telling it like it is. Getting the estate's permission is vital and failing to do so can get you in a lot of trouble. Nebraska writer Berkley Forsythe found out when he published a thoroughly entertaining but thoroughly unauthorized Sherlock Holmes novel, “Expo 98: Sherlock Holmes in Omaha,” and attracted the ire of the surviving members of Sir Arthur Conan Doyle's family (and their lawyers).If the estate doesn't wish to play ball, then your may be forced to, as Mr. Stout put it, “Roll your own.”Of course, if you really want to use someone else's character in your book or play or movie, there is another solution. Just wait a few decades until the character passes into the public domain.Per Wikipedia, “The public domain consists of all the creative work to which no exclusive intellectual property rights apply.” Copyright is not eternal, though some folks, like those at the Walt Disney Company, argues it should be. When enough time passes, any creative work becomes public domain and anybody can use it in any way they wish, without fear of reprisal from the descendants of the creator.In just a few short months the year will be 2025. That will be a banner year for those wanting to ride a dead writer’s coattails. Among those works entering the public domain are:“A Farewell to Arms” by Ernest Hemingway“The Sound and the Fury” by William Faulkner“The Roman Hat Mystery” by Ellery Queen“Toad of Toad Hall” by A. A. Milne“Rope” A play by Patrick Hamilton, which was later adapted into the 1948 Alfred Hitchcock movie starring Jimmy StewartNot to mention a couple of well-known comic characters, Tin Tin and Popeye. Is anyone planning on exploiting these works once they become available to use for free? Hard to say.In 2026, however, at least one seminal work will become public domain and is already scheduled for exploitation: “The Maltese Falcon.”The novel by Dashiell Hammett that introduced the world to Sam Spade and seared the image of the hardboiled* private eye into America's consciousness forever was first serialized in “Black Mask” magazine in 1929. This week, Hard case Crime, a publisher that specializes in retro-style crime fiction, both reprints and new novels, announced a new book for 2026, “The Return of the Maltese Falcon.”According to Hard Case Crime not only will Sam Spade be returning but so will a number of other Hammett characters, including Joel Cairo (so memorably/creepily played in the movie version by Peter Lorre), along with “a mysterious new femme fatale.” As is always the case when someone new takes on the mantle of a beloved character, there is trepidation. At least some fear can be assuaged. The writer for this new boom will be Max Allen Collins, easily one of the finest crime fiction writers still drawing breath. He is no stranger to taking on someone else's intellectual property, either, having written for both Dick Tracy and, with Mickey Spillane's blessing, Mike Hammer. Collins told The Associated Press after the announcement, “I’m something of an old hand at walking in the shoes of the giants who came before, though I never claim to be filling them.”It is easy to be sanctimonious (as I prove nearly every week in my columns) and say the book and character should be left alone. On the other hand, like so many others, I desperately want to know what happened after the words, “The End.” This is my chance to find out. Is this a good idea? Only time (and the reader) will tell.And when the book comes out and everyone loves it, then we can fret over who they will cast in the movie. *Is it “hardboiled” or “hard boiled?” I'm not 100 percent sure. Autocorrect says “hard boiled.” I investigated the matter and as far as I can tell, when you are talking about eggs, it should be “hard boiled.” When you are talking about private eyes or books about private eyes, “hardboiled” is correct.

Reis Matthew Blobaum

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