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Who owns copyright of a published autobiography which was written by an (acknowledged) writer? The publishing co. is out-of-biz.
Anonymous2 views3 answers
The book, an 'autobiography' of a person was written by our Dad. The front jacket credits show 'book title' (the Person's AKA nickname) 'by' (the Person's real name) 'with' (Dad's name). The left inner jacket says "An Autobiography by (the Person's real name) with (Dad's name). The inner copyright page says "Copyright (c)1966 by (the publishing company) and there is a Library of Congress card #. A search reveals nothing. It appears the publishing co. is out-of-business. The back jacket features our Dad's photo and bio. The book was published in 1966 in CA. Dad died in 1986 in CA. It appears the publisher is out of biz. Do we children automatically own the copyright? We now, in 2009, want to republish and/or screenwriter the story for print and/or movie production. Who owns the copyright?
It's really impossible to tell from these facts. It is possible that the copyright agreement between your father and the publishing company covered this contingency. It would be very helpful if you had this. It is also possible that the copyright was sold when the company dissolved or perhaps it was transferred as part of a purchase of the entire company. It is also possible that the current rightful owner (if it's not your family) is aware of their rights. Odd things have been know to occur in these situations.
There are provisions that would allow your dad's heirs (presumably you and your siblings) to get the copyright back. The first opportunity to do this is 56 years after the copyright was secured, which may be longer than you care to wait.
You should contact an attorney familiar with copyright law to help you clear up the ownership question.
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The below does not constitute legal advice, does not form an attorney-client relationship, and should not be relied upon to take or refrain from taking any action.
If the book was published with a proper copyright notice then the book is copyright protected until 2061 (95 years after 1966).
It sounds like the book is a "joint work" authored by your father and the person the book is about.
IF there was no written agreement between them AND the original agreement with the book's publisher is no longer effective, then your father and the other person each own an undivided interest in the copyright of the book -- that is, each has the unrestricted right to make copies of the book and sell it and each may license any of the various rights that protect the book (e.g., the publishing rights and the right to make a movie based on the book). If either takes advantage of any of these rights, however, then the other person is entitled to half the proceeds. Because your father has passed, his heirs step into his shoes and own his copyright interest equally among them (or however he bequeathed his copyright interest in his will).
It is VERY likely, however, that an agreement existed between your father and the person the book is about. In most similar situations, the person hired to "help" write the book (your father) contractually agrees that his contribution is a "work for hire" and, moreover, that all rights the hired person has in the copyright to the book is assigned over to the hiring party. In short, the payment that the hired writer receives ends the deal and the writer ends up without any rights in the copyright to the book.
One other wrinkle: Just because the book's original publisher is no longer in business does not mean that the right it once owned to publish the book is no longer effective. That right may have been transferred to another publisher or someone else before the original publisher went out of business or as part of its winding up of its corporate affairs (or via bankruptcy).
The ONLY way to get to the bottom of who owns the copyright in the book is to hire a copyright attorney familiar with the publishing industry. It often takes a very substantial amount of research (and time and money) to determine copyright ownership. That process often becomes very complicated very quickly. Good luck.
You have gotten some excellent advice. Besides that, the first place to check, besides your father's files to see if you can find any copies of his agreements with his co-author and/or his publisher and any copyright registrations. is the copyright office's website to see if he's listed as a claimant of the book.
Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.