Re: Re: Question on liability for falsely asserting copyright

Did the author's original book contract have any provision for rights reverting to the author if the book was out of print for a certain number of years? If so, even if the publisher reneged on the plan to register the work in the author's name, the author would get the rights back anyhow.

Are such clauses standard or at least common in book contracts today?

/rich

On 5/27/06, Carol Busby <carol[_at_]drogon.com> wrote:
>
> 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
>
> --
> Carol A. Busby
> Attorney at Law
> 141 W. 39th Avenue
> Eugene, OR 97405
> 541-484-6860; fax: 541-338-7155
> carol[_at_]drogon.com
>
> #############################################################
> This message is sent to you because you are subscribed to
> the mailing list <CNI-COPYRIGHT[_at_]cni.org>.
> To unsubscribe, E-mail to: <CNI-COPYRIGHT-off[_at_]cni.org>
> To switch to the DIGEST mode, E-mail to <CNI-COPYRIGHT-digest[_at_]cni.org>
> To switch to the INDEX mode, E-mail to <CNI-COPYRIGHT-index[_at_]cni.org>
> To postpone your subscription, E-mail to <CNI-COPYRIGHT-null[_at_]cni.org>
> To resume mail list message delivery from postpone mode, E-mail to <
> CNI-COPYRIGHT-feed[_at_]cni.org>
> Send administrative queries to <CNI-COPYRIGHT-request[_at_]cni.org>
>
> Visit the CNI-COPYRIGHT e-mail list archive at <
> https://mail2.cni.org/Lists/CNI-COPYRIGHT/>.
>
>
Received on Mon May 29 2006 - 20:35:01 GMT