Ernest Hemingway is considered one of the most influential American writers of the 20th century. He authored many classic novels, short stories, and non-fiction works before his death in 1961. With his distinctive writing style characterized by terse, straightforward prose, Hemingway had a major impact on 20th century fiction writing. Some of his most famous works include The Sun Also Rises, A Farewell to Arms, For Whom the Bell Tolls, and The Old Man and the Sea, which earned him the Nobel Prize for Literature in 1954.
Given Hemingway’s stature as a literary giant of the 20th century, there is continual interest in his body of work. This leads to the question – are Ernest Hemingway’s works now in the public domain? Let’s take a closer look at when his works will lose copyright protection and enter the public domain.
What is the Public Domain?
The public domain refers to creative materials and intellectual property that are not protected by copyright and are freely available for anyone to use, reuse, modify, and share without needing permission. Works enter the public domain either because the copyright term has expired, the work failed to meet the requirements for copyright protection, or the rights holder deliberately surrendered the copyright.
Once a work enters the public domain it can be published, distributed, translated, exhibited, adapted, performed, displayed, copied and more without the need for license or permissions. Public domain provides a rich source of material for other creators, artists and companies to legally build upon and repurpose. It also makes a wealth of knowledge and culture freely accessible.
When Do Copyrights Expire?
For works published or registered in the United States, copyright protection lasts for the life of the author plus 70 years. After this term of copyright expires, the work enters the public domain.
For unpublished works, the copyright lasts for 120 years from the date of creation. For works published anonymously or under pseudonym, copyright is 95 years from publication date or 120 years from creation, whichever expires first.
The exact timing for a work to enter public domain depends on the date of the author’s death and the date of publication. In Hemingway’s case, he died in 1961 so his published works will enter the public domain 70 years after his death, in the year 2031. His unpublished works will enter public domain 120 years from creation.
Major Works by Hemingway
Here is an overview of some of Hemingway’s major works and when they will enter the public domain:
The Sun Also Rises
– Published in 1926
– Will enter public domain in 2031, 70 years after Hemingway’s death
A Farewell to Arms
– Published in 1929
– Will enter public domain in 2031
For Whom the Bell Tolls
– Published in 1940
– Will enter public domain in 2031
The Old Man and the Sea
– Published in 1952
– Will enter public domain in 2031
The Dangerous Summer
– Published posthumously in 1985
– Will enter public domain in 2085, 70 years after publication date
A Moveable Feast
– Published posthumously in 1964
– Will enter public domain in 2034
Islands in the Stream
– Published posthumously in 1970
– Will enter public domain in 2040
The Garden of Eden
– Published posthumously in 1986
– Will enter public domain in 2086
True at First Light
– Published posthumously in 1999
– Will enter public domain in 2069
Under Kilimanjaro
– Published posthumously in 2005
– Will enter public domain in 2075
Unpublished Works
In addition to his published works, Hemingway left behind a significant number of unfinished and unpublished manuscripts and stories at the time of his death. These include various draft fragments, notes, correspondence, and juvenilia works created before he was a published author.
For these unpublished materials, the term of copyright is 120 years from date of creation. It is difficult to pinpoint exact dates and therefore public domain status for all these assorted unpublished works. Broadly speaking, the unpublished stories, letters, drafts, etc. that Hemingway wrote in the 1920s and 1930s have either already entered or will soon enter the public domain.
Items he worked on in the 1940s will enter public domain starting in the 2060s. Anything unfinished created in the 1950s and until his death in 1961 will enter public domain between 2071-2081.
Why Copyright Protection Exists
Copyright law aims to provide creators with an incentive to produce new works by granting them exclusive rights for a limited time period. This enables the creator to reap the benefits of their labor and creativity. After the copyright expires, the work belongs to the public at large.
By limiting the copyright term to 70 years after death, there is a balance between protecting the creator’s rights and allowing the public full access to the work for the enrichment of society as a whole. Perpetual copyright would restrict creativity rather than encourage it. The public domain provides source material to spark new creative works.
Impact on Scholarship and Publishing
The expiration of Hemingway’s copyrights will allow scholars, biographers, critics, publishers and others to freely quote, reproduce, annotate and otherwise utilize his writings and letters without needing to obtain permissions or pay royalties. This can enable broader access for academic study.
Publishers will also be able to print new editions of Hemingway’s novels and stories without licensing restrictions. There may be a proliferation of different versions of Hemingway texts after copyright expiry. This could make his writings more widely available at lower cost.
The loss of exclusivity may impact Hemingway’s estate which has tightly controlled publication rights and licensed works for commercial adaptations. They will no longer be able to authorize publications or charge licensing fees. However, the Hemingway brand may sustain its iconic status even with public domain works.
Copyright of Derivative Works
Once Hemingway’s works enter the public domain, only original text and authorized versions published during the copyright term will become public. This includes prefaces, notes, edited versions, etc. added by editors and publishers.
Derivative works such as translations, movies, artwork, anthologies, criticism, and analysis based on Hemingway’s writing would still maintain independent copyright protection. For example, the 1946 film The Killers based on his 1927 short story would still be protected by copyright. The public only gains rights to Hemingway’s original writings, not creative additions by others.
Public Domain Status of Other Prominent Authors
To give some perspective, let’s look at some other famous American authors from Hemingway’s era and when their works will enter the public domain:
F. Scott Fitzgerald
– Died in 1940, his works will enter public domain in 2010
William Faulkner
– Died in 1962, his works will enter public domain in 2032
John Steinbeck
– Died in 1968, his works will enter public domain in 2038
Ernest Hemingway
– Died in 1961, his works will enter public domain in 2031
This shows that Hemingway’s writings will enter public domain around the same time as his peers from the early 20th century American literary scene. The move to public domain occurs 70 years after author death across the board.
Copyright Duration in Other Countries
Copyright terms can vary by country based on national laws. For example:
– UK – Life + 70 years
– Canada – Life + 50 years
– Australia – Life + 70 years
– EU countries – Life + 70 years
– Mexico – Life + 100 years
So Hemingway’s works may enter public domain at different times in other countries. But globally most follow the standard “life +70” copyright term set by the Berne Convention.
Fair Use Doctrine
Fair use is a copyright principle that allows limited use of copyrighted material without permission in certain circumstances such as commentary, criticism, news reporting, research, and scholarship. Fair use provides some exceptions to full copyright control.
Some fair use of Hemingway quotes and excerpts is currently possible for purposes like review or academic analysis. But fair use has limits and does not provide full public access. After copyright expiration, use of Hemingway’s work will no longer be constrained by fair use restrictions.
Trademarks and Personality Rights
While the text of Hemingway’s writings will enter the public domain, his estate may still control trademarks associated with his identity. Trademarks related to the author’s name, image, book titles, and other branding could be maintained and enforced separately from copyright.
In addition, some jurisdictions recognize personality rights that allow heirs to control the commercial use of a deceased person’s name, likeness, and identity. This is an emerging legal area. But it could give Hemingway’s heirs some ability to limit specific uses of his persona and branding even after copyright expiry.
Preserving Literary Legacy
The expiration of copyright on Hemingway’s works will enable wider distribution of his writing and open new avenues for scholarship. But there are concerns this could also lead to the proliferation of low quality editions with errors, poorly edited versions, or piracy of digital copies.
To maintain the integrity of Hemingway’s literary legacy, advocates hope authoritative editions and resources will still be supported. Libraries, academics, biographers, and other caretakers of Hemingway’s legacy will need to be vigilant stewards in the public domain era. Respecting the author’s intent and high editorial standards will remain important even without copyright restrictions.
Conclusion
In summary, Ernest Hemingway’s published works will enter the public domain 70 years after his death in 1961, meaning they will be freely usable starting in 2031. Unpublished works will enter public domain in the 2060s-2080s depending on exact date of creation.
While copyright removal will allow more access and use of Hemingway’s writing, experts advocate maintaining the authenticity and quality of his texts. The loss of exclusivity may impact estates and publishers but provide a wealth of material for future readers, writers, and researchers. Hemingway’s literary legacy will continue evolving as his quintessential 20th century writings fully become part of our shared public heritage and imagination.
