can old story be rewritten for children?

[lkbstanek]

What is the name of your state? ohio
Hello, I am a children's writer in Ohio. During my research for a project I am working on, I came across a book that was written by a Christian missionary about her work in southeast asia in the early 1900's. The book was written after her retirement, and was copyrighted in 1960. The publisher no longer exists, and I believe that the author is deceased. In this book (written for adults) there is a story of a child that the missionary has encountered. Of the 181 pages in this book, this story is about 6 pages long. I am certain that it is the only english-written account of this event. Here is my question: can that story be rewritten as a children's book without any copyright infrigement?
Thank you for your help!

 

[JETX]

"can that story be rewritten as a children's book without any copyright infrigement?"
*** Assuming that you own a copy of the book, yes, you can rewrite it. However, you can't give or sell a copy of that story to anyone else who doesn't also own the book without determining the copyright status.

Though you claim the 'author' is deceased, that in itself does not waive the copyright issue. The copyright could have been transferred or sold to someone else or it could have be owned by descendants of the original holder.

The duration of a copyright depends on when the author acquired the copyright. Currently, the duration for individuals is life of the author plus 70 years, or the case of a joint work, the term lasts for 70 years after the last surviving author's death, alternatively 75 years, whichever is longer. If a company is the author, the duration is 95 years from the year of first publication or 120 years from the year of creation, whichever expires first.

You should consult the copyright office or an attorney for information about your particular situation.