Re: copyright holder of "Birds" by Hitchcock

On Thu, Mar 16, 2000, Thomas Workman <tworkman[_at_]erols.com> wrote:
>
> On Wed, 15 Mar 2000, Ari Kahan <akahan[_at_]netcom.com> wrote:
> >
> > That's not always reliable, since copyright can change hands
> > (sometimes many times) after the film's release. {snip}
>
> I agree it is not a final answer, but a great starting point. If you
> write to them, and they tell you they still own it... then you have
> your answer. If they tell you they have transferred their rights to
> person X, then you can follow the trail to person "X". One could
> even check with the Copyright office, to see if any transfers have
> been recorded. You need to have a starting point, and the credits on
> the film provide a starting point...

        Excellent Advice, and sufficient in many cases. However not every publisher or studio is interested in -- or has the time and records to -- provide a clear-cut response. We were trying to assist someone in obtaining permission to reuse material that is probably still under copyright, but it is not clear whether the original publisher holds the copyright, whether they sold it at some point or whether the copyrights have reverted to the author, photographer, etc. (Probably a mixture of each). When we contacted the publisher of the (now discontinued) publication the customer received a reply like this:

"Dear <Name>:

     We have received your request to obtain our consent to reproduce articles of interest from the magazines: "Publication Name" the issues dated 1950 through 1962. To the extent that Big Publisher owns the copyright of this material, we authorize your use. Big Publisher wishes you the best of luck in your endeavors."

     "Big Publisher" doesn't say that they do continue to hold the copyright, and they do not say who does. If "Big Publisher" does hold the copyright the response authorizes the reuse, but if "Big Publisher" doesn't hold the copyright the response is meaningless. The Copyright Office does not record all transfers, and without knowing what contractual obligations existed between the Author and the Publisher (and between the Publisher and whomever the periodical may have been sold to prior to its discontinuance) it is impossible to guess who does hold the copyright.

     Would anyone have any suggestions as to what to do when contacting the original publisher, any subsequent publishers and the Copyright Office only enable you to demonstrate that you do not know who the copyright holder is? (Attempting to contact each individual author or photographer is a possibility, but finding that person or his/her heirs can be problematic -- and they may not know who holds the copyright either. And they may not be identified in the article or artwork.) Having made an attempt to contact the copyright holder may help if the actual copyright holder appears and brings suit for infringement, but it is no guarantee that the accused will be exonerated.

     Suggestions?

     cheers,
     Christopher

Christopher Gwyn
Licensing Agent, iCopyright.com
Instant copyright and reprint clearinghouse http://www.icopyright.com/
425-430-4555 x628 (voice) 425-430-8878 (fax) <christopher[_at_]icopyright.com> Received on Fri Mar 17 2000 - 17:03:04 GMT