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TROUBLE SPOTS

Q & A
Interview Copyright Issues

Question:

One of our authors has submitted a book containing lengthy transcripts of previously unpublished interviews conducted in the 1960s.  The location and existence of the interviewees are unknown, and there are no written interview releases.   How can the book be registered for copyright?

-- submitted by the publisher of an independent press

Answer:

Unfortunately, if the author does not have a valid transfer of copyright from the interviewees, she cannot claim ownership in the material.  Under the most recent revision of the Copyright Act in 1976, all works originally created before January 1, 1978, but not published or registered by that date, have been automatically brought under the statute and are now given federal copyright protection. The duration of copyright in these works is generally computed in the same way as for works created on or after January 1, 1978: the life of the author plus 70 years. By contrast, if the interviews had been published before January 1, 1978, they are governed by the 1909 copyright law. Under that law, if a work was published under the copyright owner's authority without a proper notice of copyright, all copyright protection for that work was permanently lost in the United States, and the interviews would be in the public domain.

The fact that your author doesn't have ownership in the interview, however, is not necessarily fatal. She still could claim copyright in the work as a "compilation," which the Copyright Office defines as "a work formed by the collection and assembling of preexisting materials or of data that are selected, coordinated, or arranged in such a way that the resulting work as a whole constitutes an original work of authorship." You would do this by completing section 6 of Form TX. A single copyright notice applicable to the collective work as a whole serves to indicate protection for all the contributions in the collective work regardless of the ownership of copyright in the individual contributions and whether they have been published previously.

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The Reel Deal
So You Want To Be In Pictures?

It's every writer's fantasy -- Hollywood buys your story and before you know it, you're watching your name roll down the credits of a summer blockbuster.  Likely? Of course not.  Nevertheless, the chances of your work being considered for film or television might be greater than you think -- if you know the ropes. 

Film and television producers acquire their properties from novels, nonfiction books, short stories, newspaper and periodical articles.  Most writers believe that a novel is their best chance of selling to Hollywood, and in the case of the bestseller, it's true.  Bestsellers have a built-in audience and (usually) a fully developed story full of strong suspense and characterization --  the studio need merely bring in a screenwriter, hire Tom Hanks or Julia Roberts, and rake in the cash. 

Unfortunately for Hollywood, there just aren’t enough suitable bestsellers to supply all the studios, not to mention the television and cable networks.  Studio producers and development executives are forced to look elsewhere for good film properties, primarily relying on agents to submit material.  Producers also scan book trade publications like Publisher's Weekly, publisher's catalogs, and the book review sections of major newspapers.  Some studios even pay editors and readers at publishing houses to tip them off when they see a suitable property.

Producers especially look for compelling real life stories, often published in magazine articles or newspaper features.  These often become very successful movies.  Remember Top Gun?  The producer, Jerry Bruckheimer, got the idea from a magazine article about the true-life Top Gun naval air school. Many recent releases, such as The Perfect Storm, Erin Brockovich, A Civil Action, The Insider, and The Hurricane, were based on real-life events or stories. 

 Know Your Rights

 Lett's say you have published a novel, book, or magazine article that might make a good movie.  How do you sell it? . . .

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