How would that relate to things like fan fictions? I know that living authors sometimes ask people not to post fictions based on their canon writings (Ann Rice is an example if I recall) but could a descendant of a known author take someone to court for posting a fan fiction based on a PD book?
I know some book series for example (like L. Frank Baum's Oz books) were continued after the author's death by others (though they worked through the publisher) but say someone wrote a work using characters from a novel like Dracula for example. Could the author's heirs (if any still live) or a publisher do anything legally to stop such a book coming out? Either one available for free or for sale? I know it's not quite the same thing as an unpublished work by the author, but it would seem to me to be something similar in some ways.
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Originally Posted by astrangerhere
You have all rights to do with it what you wish, provided you were the one who inherited his property AND provided he did not leave instructions to the contrary about his personal papers. Where you would see a dispute, legally, is if say you and your hypothetical brother were left all his property together. You sell the book and your brother then sues you for his half of the profits.
The issue we were talking would have been if your grandfather left instructions for his executor or attorney to destroy all his papers on his death. Legally speaking, the attorney or executor has no right to turn around and publish rather than destroy. And even if he does so, he has no rights to the profit. Whoever inherited his property would. But it would spawn at least 2 not pleasant legal battles, i'd imagine.
The diary, again, unless there were instructions to the contrary are also yours legally to do with what you will. But as you very deftly pointed out, the ethics issue has nothing to do with the legal issue.
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