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The Legal Resource for
Publishing Professionals
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Confused about the terms of a publishing agreement? Check out our: |
| For Publishers | For Writers |
Question: One of our authors has submitted a book containing lengthy transcripts of previously unpublished interviews conducted in the 1960s.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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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 Let’s say you have published a
novel, book, or magazine article that might make a good movie. How do you sell it? .
. . |
Work Online to resolve your legal issue today - for an affordable flat fee - in the following areas:
by Jenna Glatzer and Daniel Steven
“A great book for writers looking for no-nonsense, easy-to-understand
information." —Writer’s Digest
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