Q: Who owns book copyright when author deceased & publisher (church) is closed? Small indep church, not part of organiz
The copyright on the book says March 1969 with the church publishing house as the owner. The author-pastor (also my father) died three years ago. The church and its publishing house (ie printing dept) closed 20+ years ago. Now people want to e-publish the book and give it for free. As the daughter, that is fine with me. I don't want money from my father's former ministry. But at the same time, I don't want it to be public domain for anyone to profit off of. What is the law? Some people think it's public domain bcz both author and church no longer exist. Thank you
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A:
The question of copyright ownership in a situation where the author is deceased and the original publisher is no longer operational can be complex. Under U.S. copyright law, the rights to a work created and published before 1978, such as your father's book from 1969, typically last for the life of the author plus 70 years. Since your father passed away three years ago, his work would still be under copyright protection.
Since the church and its publishing house are closed, the rights to the book may have transferred to your father's estate upon his death. As his daughter and potentially a beneficiary or executor of his estate, you may have inherited the rights to his work. This would generally include the right to authorize or prevent the distribution of the book, including e-publishing.
It's important to note that the book is not automatically in the public domain just because the author and the original publisher are no longer in existence. The copyright protection remains in force until it expires according to the law.
To confirm your rights and explore the best way to proceed with e-publishing the book while protecting it from being used for profit by others, it would be wise to consult with an attorney experienced in copyright law. They can help you understand your rights and the options available to you in this situation.
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