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Is The Great Gatsby in the Public Domain?

Yes, The Great Gatsby by F. Scott Fitzgerald is in the public domain in the United States as of January 1, 2021. The copyright expired 95 years after its original publication in 1925, per U.S. copyright law. This means you can freely use the text of the novel for creative and commercial purposes without needing permission or paying royalties, provided you are not using elements from adaptations (e.g., films) that may still be copyrighted.

Attorney Steve® note: public domain status may vary in other countries depending on their copyright laws (e.g., life of the author plus 70 years in many jurisdictions).

10 Ideas for Legally Making Money with The Great Gatsby

Since The Great Gatsby is in the public domain in the U.S., you can create derivative works or products based on the original text for commercial purposes. Below are 10 ideas for monetizing the novel legally:

1. Create and Sell Themed Posters
   Design and sell posters featuring iconic quotes (e.g., "So we beat on, boats against the current...") or imagery inspired by the novel's Jazz Age aesthetic. Market them online through platforms like Etsy or Redbubble.

2. Adapt into a Theater Play
   Write a script adapting the novel into a stage play. Produce local performances or license the script to community theaters and schools for a fee. Emphasize the novel's dramatic dialogue and themes.

3. Publish an Annotated Edition
   Create a new edition of the novel with your own annotations, historical context, or study guides. Sell it as an eBook or print book for students and book clubs through Amazon or other self-publishing platforms.

4. Develop a Mobile Game
   Create a narrative-driven mobile game based on the novel, such as a choose-your-own-adventure story set in Gatsby's world. Monetize through in-app purchases or ads, ensuring all content is derived from the public domain text.

5. Produce Themed Merchandise
   Design and sell merchandise like t-shirts, mugs, or bookmarks with quotes or symbols from the book (e.g., the green light, Gatsby's mansion). Use print-on-demand services to minimize upfront costs.

6. Write and Sell a Sequel or Spin-Off Novel
   Write a novel continuing the story or focusing on secondary characters (e.g., Jordan Baker's perspective). Publish it independently or pitch it to publishers, clearly basing it on the public domain text.

7. Host Gatsby-Themed Events
   Organize 1920s-themed parties or literary events inspired by the novel, complete with readings, jazz music, and costumes. Charge for tickets or partner with venues for profit-sharing.

8. Create an Audiobook
   Record a new audiobook version of The Great Gatsby with unique narration or sound effects. Distribute it on platforms like Audible or sell it directly to consumers.

9. Design Educational Courses
   Develop an online course or workshop analyzing the novel's themes, symbolism, or historical context. Sell access through platforms like Udemy or Teachable, targeting students and educators.

10. Produce Art Prints or Illustrations
    Create original artwork inspired by the novel's scenes or characters (e.g., Gatsby gazing at the green light). Sell prints or digital downloads online, ensuring no copyrighted film imagery is used.

Notes:

• Ensure all creations are based solely on the public domain text of The Great Gatsby and avoid using elements from copyrighted adaptations (e.g., the 2013 film).

• Check local copyright laws if operating outside the U.S., as public domain status may differ.

• For physical products, leverage print-on-demand services to reduce risk and inventory costs.

• Market your products to fans of classic literature, students, and educators for maximum reach.

Since The Great Gatsby by F. Scott Fitzgerald is in the public domain in the United States as of January 1, 2021, you have significant freedom to use the original text for commercial and creative purposes. However, there are legal limits and considerations to be aware of to avoid potential issues. Below is a concise overview of key legal limits and precautions:

Legal Limits and Considerations

1. Avoid Copyrighted Adaptations
   While the original 1925 novel is in the public domain, adaptations like the 1974 or 2013 films, their soundtracks, or specific visual designs (e.g., Leonardo DiCaprio's Gatsby) may still be under copyright. Do not use imagery, dialogue, or elements unique to these adaptations in your projects without permission or licensing.
   
   
2. International Copyright Variations
   Public domain status is U.S.-specific. In other countries, copyright terms may differ (e.g., life of the author plus 70 years in the EU, where Fitzgerald died in 1940, so the novel may be protected until 2031). If selling or distributing internationally, check local copyright laws to ensure compliance.
   
   
3. Trademark Protections
   Certain elements associated with The Great Gatsby (e.g., character names or the title) could be trademarked for specific uses, such as merchandise or branding. For example, the Fitzgerald estate might hold trademarks on “The Great Gatsby” for certain products. Search trademark databases (e.g., USPTO's TESS) before creating branded merchandise to avoid infringement.
   
   
4. Derivative Works and Originality
   If you create a derivative work (e.g., a sequel or play), your new contributions are copyrightable, but they must be original. You cannot claim copyright over the public domain text itself. Ensure your work adds unique value to avoid disputes over originality.
   
   
5. Defamation and Privacy Concerns
   If creating works that depict real historical figures referenced in the novel (e.g., inspired by Fitzgerald's social circle), avoid defamatory content or invasions of privacy, especially in jurisdictions with strict laws. This is unlikely to apply directly to The Great Gatsby but is a general consideration for fictional works based on real people.
   
   
6. Moral Rights (International)
   In some countries, “moral rights” protect an author's reputation and work integrity, even after copyright expires. For example, significantly altering the novel in a way deemed disrespectful could invite legal challenges in jurisdictions recognizing moral rights (less common in the U.S.).
   
   
7. Licensing for Performances
   If adapting the novel into a play or other performance, ensure any music, costumes, or additional content used in the production is either original, licensed, or public domain. For example, 1920s music from the novel's era may still be copyrighted.
   
   
8. Consumer Protection and False Advertising
   When selling products (e.g., posters, books), avoid misleading claims about authenticity or endorsement (e.g., implying approval from the Fitzgerald estate). Comply with consumer protection laws and platform policies (e.g., Etsy, Amazon) to avoid disputes.

Practical Steps to Stay Compliant

• Research Copyrighted Elements: Before using imagery or quotes, verify they come from the 1925 novel, not later adaptations. Use the original text (available via Project Gutenberg or other public domain sources) as your basis.
  
  
• Check Trademarks: Search the USPTO database (or equivalent in other countries) for active trademarks related to The Great Gatsby or its characters.
  
  
• Consult International Laws: If operating outside the U.S., consult a legal expert or research copyright terms in target markets. For example, in Canada, the novel entered the public domain in 2021 (life plus 50 years at the time).
  
  
• Use Clear Disclaimers: When selling products, clarify that your work is based on the public domain novel to avoid confusion with copyrighted adaptations.
  
  
• Seek Legal Advice for Large Projects: If investing significant resources (e.g., producing a major play or game), consult an intellectual property attorney to review your plans, especially for international distribution.

Notes

• The public domain status of The Great Gatsby in the U.S. gives you broad creative and commercial freedom, but vigilance about adaptations and international laws is key.
  
  
• Most risks can be mitigated by sticking to the original text and conducting basic due diligence on trademarks and local regulations.
  
  
• For small-scale projects (e.g., posters, local plays), the risk of legal issues is generally low if you avoid copyrighted adaptations and misleading claims.

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