PDA

View Full Version : Q. about permission from a defunct publication



GHGut
07-06-2008, 11:44 PM
I wonder if anyone knows the answer to this and can help me out...

I am editing a collection of works by a scholar. Some of the material we would like to include in the collection appeared in publications that are out of business or no longer around. Do we still need someone's permission to reproduce these essays/articles?

aka eraser
07-06-2008, 11:58 PM
Does the writer not know which rights he assigned to those defunct publications? Perhaps it's different with scholarly pubs but the default assignment of rights in the "old" days (pre-internet basically) was 1st North American, unless otherwise specified.

If this was the case with his work, you have nothing to worry about as the rights would revert back to the author upon publication. You might ask him if he signed (and saved) any contracts with those pubs. If so, he could check himself which rights were sold.

I expect you'll be fine running the pieces (with proper citing of their publication history) but you might want to check with a lawyer well-versed in publication law to be certain.

(I'm assuming you don't have a publisher yet for your project otherwise you could ask their legal department to weigh in on this.)

June Casagrande
07-07-2008, 06:38 AM
I don't know. But until the lawyers get here, I'll venture a guess: I'd bet that, as Eraser already said, the rights probably reverted back to the writer. Unless the pub was owned by a bigger company, in which case they probably retained the rights. Your best source, as Eraser said, is to go straight to the author.

GHGut
07-08-2008, 05:42 AM
I don't know. But until the lawyers get here, I'll venture a guess: I'd bet that, as Eraser already said, the rights probably reverted back to the writer. Unless the pub was owned by a bigger company, in which case they probably retained the rights. Your best source, as Eraser said, is to go straight to the author.


Thank you both!
The author published certain of these pieces years ago (late 60s, early 70s) in now defunct left wing political magazines/monthlies.
For example, one piece we'd like to use is in GEO. I believe it still has European editions but the North American edition is defunct.
I will ask our publisher for their advice but if anyone else has any please chime in!
Again, I appreciate it!