Question:

Rahul, an author, published a series of novels that gained widespread popularity and critical acclaim. The copyright protection of the novel is set to expire soon. His representatives/estate are concerned about the future of the works once they enter the public domain. They wish to maintain some control over the use and distribution of the novels even after the expiration of the copyright period.

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When a work enters the public domain, it becomes free for anyone to use, and the estate loses control over its distribution and use.
  • The author‘s estate should seek trademark protection for the titles of the novel to retain control on the content after the expiration of the copyright.
  • The author‘s estate should explore the option of extending the term of protection through legal means such as contract law to maintain control over the ownership, use and distribution of novels.
  • The author‘s estate should consider remedies of passing-off since post expiry of copyright and printing and publishing by others can mislead the public as to the original publisher of the book by a different publisher.
  • The author‘s estate should understand that once the copyright protection expires, the work will enter the public domain, thus making it freely available for anyone to use and no remedy is available.
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The Correct Option is D

Solution and Explanation

Once the copyright expires, the work enters the public domain, meaning anyone can use it without restriction, and no remedies are available under copyright law.
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