Re: Question on liability for falsely asserting copyright

I was interested in this as I've had a version of it come up. Author's contract with publisher specifically says that rights remain with author but that publisher will file copyright registration for author. Publisher did - but put itself as owner of the copyright under contract with the author -- as "employer for hire." Author did not realize this until recently (it's been 15 years) when publisher went into bankruptcy and he checked into the registration.

I have contacted bankruptcy trustee about this and asserted that copyright registration is erroneous and that according to the contract, rights remain with the author. Trustee replied that the return of rights in bankruptcy clause isn't enforceable (which I knew) but "whatever rights the above Debtors [=publisher] had at the time of the bankruptcy filing to the copyrights. . . remain in effect today." Author has filed a new copyright registration asserting that he is the author and owner of the rights.

I am wondering whether we need anything else for author to look for a new publisher safely. (Book is long out of print and didn't do all that well anyway but might with different publicity.)

thanks,
Carol Busby

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Carol A. Busby
Attorney at Law
141 W. 39th Avenue
Eugene, OR  97405
541-484-6860; fax: 541-338-7155
carol[_at_]drogon.com