A Legal Question

[darkerdreamer]

I am in possession of a collection of poetry; it might be the only remaining copy. The author is deceased, and to the best of my knowledge he has no family or next of kin. I really want to share this collection with others.

My question: Could there be any negative legal repercussions if I post this poetry online or try and get it into some anthologies under his name, recognizing and reprinting the copyright dates he has written? I would like other people to be able to see it, but it isn't worth it to me if one of his jealous family members crawled out of the woodwork and tried to sue me.

Thanks,
-2d

 

[sister76]

You should look on legal websites for copyright law. You should be able to tell from that info.

 

[darkerdreamer]

You should look on legal websites for copyright law. You should be able to tell from that info.

Done so a little bit on www.nolo.com , fair use laws seem very circumstantial. They really just bring up more questions. Such as, he wrote on the front of this Xeroxed collection, "Pass it on, share the wealth", does that serve as consent to reprint? Also, there are different views on fair use pertaining to unpublished work. This legal BS confuses the hell out of me.

 

[unapologetic]

This poetry collection (by the way, I read the ones you posted in the share a poet thread - good stuff) is what is known as an orphaned work. You are in a legal limbo. It is one which is hopefully going to be addressed by congress soon, but probably not. I went to a copyright symposium a couple of years ago, and they were talking about it being right around the corner, but nothing yet.

All of this is to say that, if you have the money, talk to a lawyer. Not just any lawyer, either. A copyright/intellectual property rights lawyer is what you'll need. That thing he wrote on the front might protect you, but I'm not 100% sure. Even it's legal, it can still be challenged by wacko family members.

If it's worth it to you to take the chance in order to get his work a wider audience, do it. Just be aware of the possible ramifications.

 

[darkerdreamer]

This poetry collection (by the way, I read the ones you posted in the share a poet thread - good stuff) is what is known as an orphaned work. You are in a legal limbo. It is one which is hopefully going to be addressed by congress soon, but probably not. I went to a copyright symposium a couple of years ago, and they were talking about it being right around the corner, but nothing yet.

All of this is to say that, if you have the money, talk to a lawyer. Not just any lawyer, either. A copyright/intellectual property rights lawyer is what you'll need. That thing he wrote on the front might protect you, but I'm not 100% sure. Even it's legal, it can still be challenged by wacko family members.

If it's worth it to you to take the chance in order to get his work a wider audience, do it. Just be aware of the possible ramifications.

Thanks for all the input. This is almost perfect as I have a friend who worked at a firm that handles intellectual property rights (albeit mostly dealing with patents, but I'm sure some of the laws apply universally.) I'll see if I can get in touch with him because this is very worth it to me. I've had this stuff for too long and I don't trust my ability to hold onto it indefinitely.

From what he told me, he had little or no family as of ~10 ago. Also, Leap doesn't sound like a real name (unless someone had hippie parents), so it is possible if he did have family they wouldn't even know it was his work.

 

[WickedEve]

I am in possession of a collection of poetry; it might be the only remaining copy. The author is deceased, and to the best of my knowledge he has no family or next of kin. I really want to share this collection with others.

My question: Could there be any negative legal repercussions if I post this poetry online or try and get it into some anthologies under his name, recognizing and reprinting the copyright dates he has written? I would like other people to be able to see it, but it isn't worth it to me if one of his jealous family members crawled out of the woodwork and tried to sue me.

Thanks,
-2d

Everyone has next of kin. If you think someone doesn't, it's just because you haven't yet met the long lost cousin. And if a family member steps forward to sue someone over their deceased family's published work, then it doesn't necessarily make them jealous (or a wacko, as one poster wrote). It just makes them legally in the right to do so--probably.
I hope you find a good lawyer. It seems your goal is to share his work and not let it languish.

 

[unapologetic]

Everyone has next of kin. If you think someone doesn't, it's just because you haven't yet met the long lost cousin. And if a family member steps forward to sue someone over their deceased family's published work, then it doesn't necessarily make them jealous (or a wacko, as one poster wrote). It just makes them legally in the right to do so--probably.
I hope you find a good lawyer. It seems your goal is to share his work and not let it languish.

I wasn't saying that people who have a legal right are wacko if they want to sue - on the contrary, I think people should zealously protect their rights. What I was saying is that people who still sue even when they don't have the legal right are wacko. Sorry if I wasn't clear about that in my initial post.

By the way, 2d, the University of Texas system has a great page about copyright (albeit from a educational perspective) at http://www.utsystem.edu/ogc/intellectualproperty/copypol2.htm

 

[darkerdreamer]

Can't thank you all enough for the valuable information.

My friend asked a few of the partners running the firm, they collectively decided (without know the precise situation), that the memo written on the collection would provide a good safety barrier should anyone come after me. He didn't say that I couldn't potentially be sued, but should it come to that, the likelihood of repercussion for posting the work would be very minimal (so long as no party profits from it). Now, to find places that allow you to post work that is not your own...

(I promise I'll send a link when I type it all out and find a home to upload it to.)

 

[Liar]

Can't thank you all enough for the valuable information.

My friend asked a few of the partners running the firm, they collectively decided (without know the precise situation), that the memo written on the collection would provide a good safety barrier should anyone come after me. He didn't say that I couldn't potentially be sued, but should it come to that, the likelihood of repercussion for posting the work would be very minimal (so long as no party profits from it). Now, to find places that allow you to post work that is not your own...

(I promise I'll send a link when I type it all out and find a home to upload it to.)

Very cool. As you said, as long as there's no profit involved (an open website sounds good, why not just open a blog at one of a gazillion free blog hosts?)

Most sites allow you to post work that's your own or which you have permission to post (it would be impossible for me to post my band's music online otherwise, since I'm not always the songwriter). Which according to your lawyer friend, you have. If somebody objects, you'll most likely get a cease-and-desist letter long before any other lagal action.

 

[darkerdreamer]

Very cool. As you said, as long as there's no profit involved (an open website sounds good, why not just open a blog at one of a gazillion free blog hosts?)

Most sites allow you to post work that's your own or which you have permission to post (it would be impossible for me to post my band's music online otherwise, since I'm not always the songwriter). Which according to your lawyer friend, you have. If somebody objects, you'll most likely get a cease-and-desist letter long before any other lagal action.

Thanks for your two bits, Liar. I hadn't even considered making a nifty blog, but that'd be a great start while I patiently await answers from half a dozen poetry sites and local free-zines.