Re: Copyright in Personal Letters

From: <ArborLaw[_at_]aol.com>
Date: Wed, 30 Jul 1997 13:59:32 -0400 (EDT)

On 7/30/97, Eric Zohn <ezohn[_at_]wma.com> wrote:
>
> I know that ownership of the letters does not give him ownership of
> the copyright in the letters. Many of the players were obscure and
> finding their heirs would be almost impossible. Does anyone know
> of any type of authority, e.g. a fair use case, that I could use to
> advise the author?

I am assuming this is for US publication under US copyright law (and probably the material was created under the 1909 Act mainly, vs. the 1976 Act).

I don't see any fair use here, unfortunately, either under previous common law copyright, previous fair use caselaw principles or under the four factors test of current s. 107. It seems like a lot of work to clear the rights, and it is--and that absolutely skews the economics and feasibility of this kind of publishing project.

If the publisher actually publishes, the "six degrees of separation" principle predicts that some readers absolutely will contact some heirs, who could come to the author and publisher demanding compensation. It is also possible that some of the material could have escheated to the state in cases of intestacy. (I don't know of any states currently taking advantage of this.) Before going forward, I would document scrupulous efforts to notify each and every heir, and I would additionally investigate the availability of insurance coverage for infringement and defamation.   

Carol Shepherd
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   Carol Ruth Shepherd                          arborlaw[_at_]aol.com
                                          
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==--====-==-=-=-==--=--====--=-=-=-====---===-=-=-====---===---= Received on Wed Jul 30 1997 - 18:05:08 GMT