Re: copyright expiration as a spur to creativity

On 7/29/98, Robert Cumbow <cumbr[_at_]perkinscoie.com> wrote:
>
> Daniel Schaeffer <daniel_schaeffer[_at_]kirkland.com> wrote:
> > ...
> > what constitutes "in print"? Since the copyright is likely to be
> > owned by the author, what leverage does an author have over a
> > publisher to maintain the work in print? If I'm a publisher, what
> > stops me from putting the book on the back shelf for six years and
> > then making a fortune with it when the copyright lapses?
>
> Every publishing agreement I have seen contains an "out of print"
> clause, in which the term "out of print" is clearly defined, and which
> entitles the author to demand that the publisher bring the book back
> into print within a certain time period (usually 6 months). If the
> publisher fails to do so, all rights automatically revert to the author,
> who may then seek a different publisher for the work. Implementation
> of a policy like the one proposed by Mr. Scarpitti would not preclude
> authors from continuing to protect themselves by means of such clauses.

I'm not so sure that such a clause protects the author under the Scarpitti scheme (to coin a name for it). What mechanism tells the public when a copyright has lapsed? How do I know whether an author is about to engage a new publisher? As an author, how do I know I will be able to find a publisher in time to avoid losing copyright?

Daniel J. Schaeffer
<daniel_schaeffer[_at_]kirkland.com> Received on Wed Jul 29 1998 - 16:53:17 GMT