Hi my name is ***** ***** I'm the attorney who will be assisting you. Copyright law is somewhat complicated and that the person who did the most work does not always get the copyright. The person who applies for the 1st copyright is normally given the copyright. If there's anyone alive now who you believe would share in the copyright with you then you couldn't include the name otherwise it's in your name.
Customer
Here's my full list of questions and then we can work through them, if you don't mind.
Customer
My grandfather died in 1991 at age 93-1/2. A few years before he died, he typed up a number of anecdotes/stories from his life and gave them to my mother with the understanding between them that she would edit them into book form and arrange publication. She did edit the material considerably and arrange it into a sequence suitable for a book, but never got around to publishing it. After his death, she was busy, and the project lay idle. Now she herself is getting old (born in 1934), and as her son, I pushed her to finish this project. She said she was stuck, since she didn’t know the technology for self-publishing, and didn’t think a publisher would want the project. So I agreed to help publish it, and I have spent a few hundred hours extensively editing the document still more, researching and fact-checking numerous historical points in the manuscript, and tracking down suitable photos for illustrations. I also wrote extensive footnotes to document my research findings and clarify timelines in the book. I’m now about to the point of submitting it for publication, but we want to know who owns the copyright? My mother has written me (in an email) that she relinquishes all ownership rights to me since she may die in a relatively short time, and if I’m the owner it will simplify managing things with Amazon, etc.
On the book cover and frontispiece, my grandfather is listed as the author, with my mother listed as writing a forward and afterward. I am acknowledged in her forward for my contributions.
Who owns the copyright, and whose name(s) should be listed in the copyright notice in the book?
If we have photos from my grandfather’s private collection, which show my grandfather, proving that he himself wasn’t the photographer, but we have no idea who took the photo, how should we handle permissions/rights notifications in the book? (Photo from Steele family collection) – is that OK? Or, should it say, (Photo from Steele family collection. Photographer unknown). ???
We have a newspaper photograph from 1941 and one from 1947. If I understand the law correctly, published photographs from that period are public domain unless the copyright was renewed exactly 28 years after first publication. I looked in the registry (forget now where—it was online) and didn’t see notifications from the newspaper renewing anything. Is that sufficient due diligence for this purpose? If more needs to be done, how do we do it?
If a photo was published in a newspaper in B&W, but then later appeared in postcards, gas station handout photos, etc., in color form, and we want to use the color form, is the copyright date the date the B&W image was published, or the date of the color image’s first publication?
What if my grandfather was given prints of several photos taken by a news photographer, but not all the photos were published in the newspaper? Can we use any of the unpublished photos? Or are we limited by the photographers age + X years condition?
You can give every single one of these people credit whether they're alive or dead in the introduction to the book. However you don't have to include them on the copyright the copyright.
Customer
to your point, first of all, the stories are my grandfather's, so my mother and I mostly did editing and research and refinement, though she added a forward and postscript with some family history. I thought my grandfather and mother would be on the copyright notice (though she has given me the rights going forward, to facilitate self-publishing). But can my grandfather be on the copyright if dead? I had thought my mother and grandfather would both be on it. But hadn't considered putting myself on it. What do you think?
Customer
Right. So who should be on the copyright notice?
If you wish you can include all these people on the copyright notice and your grandfather's errors will be the one who will receive the copyright note
Customer
I assume you meant "heirs" not errors. Should my grandfather be on it? CAN he be on it, though deceased? Or is it better to not have him on the copyright notice, to avoid issues with no will from him on the book manuscript?
As I said above it's probably better not to have him in on it because hes been deceased for so long and there's no will on his part so we don't really know who he would wish to share in the copyright if any one at all.
Customer
OK. If you said that before, it didn't come through on my screen.
Customer
sounds like it should be my mother, or my mother and I together, on the copyright notice.
I'm saying that probably it's best to leave him out if it leads to any type of complication with probate court probate caught or wills that don't exist. I'm sure that after hes been deceased for 31 years he would be happy to have you published this and simply give him credit in the credits.
Customer
Right. He is the author listed on the cover (with my mother for the foreword and afterword).
Customer
Can you kindly address the photo rights questions?
Customer
Maybe easiest one by one. Here's #1:
Customer
If we have photos from my grandfather’s private collection, which show my grandfather, proving that he himself wasn’t the photographer, but we have no idea who took the photo, how should we handle permissions/rights notifications in the book? (Photo from Steele family collection) – is that OK? Or, should it say, (Photo from Steele family collection. Photographer unknown). ???
It's OK to simply say it's the photos from your family collection. If a photographer appear photographer appears after 40 or 50 years and claims are right to them the book will probably get more publicity and you can then make an adendum to include this photographer. It's most likely a family member.
Customer
2: We have a newspaper photograph from 1941 and one from 1947. If I understand the law correctly, published photographs from that period are public domain unless the copyright was renewed exactly 28 years after first publication. I looked in the registry (forget now where—it was online) and didn’t see notifications from the newspaper renewing anything. Is that sufficient due diligence for this purpose? If more needs to be done, how do we do it?
Customer
The newspaper was the Honolulu Star-Telegram, btw).
Customer
I'm new to this service, btw, so if I should be entering each question as a separate case, please let me know. I've assumed that I could ask them all to you. If not, I can exit and re-enter to ask again.
Put the clippings in there with his name and with the newspaper getting credited as he gets credit by being in a newspaper so that's a very good thing for him and the paper.
Customer
If a photo was published in a newspaper in B&W, but then later appeared in postcards, gas station handout photos, etc., in color form, and we want to use the color form, is the copyright date the date the B&W image was published, or the date of the color image’s first publication?
You could put the date of the 1st publication and then add in all the publications. That is more of an Vanessa to you and the book then it is necessary for copyright.
Customer
I don't understand what you just said. "more of an Vanessa to you"???
More of an advantage to you.
Customer
ah, got it. (You must be doing voice transcription?)
Customer
Last question, thanks: What if my grandfather was given prints of several photos taken by a news photographer, but not all the photos were published in the newspaper? Can we use any of the unpublished photos? Or are we limited by the photographers age + X years condition?
Customer
I assume the photographer is dead, but we may fall within the age + X condition since he may have died within the last 70 years or whatever)
Yes you can use any of the prints that were given to him by the photographer even if they weren't used in the newspaper.. They are not limited by the age of the photographer.
Customer
Thanks for your help! Have a good evening.
You're very welcome. You have a good evening too.