Jefferson, TX asked in Copyright and Intellectual Property for Texas

Q: A man writes a diary in 1947. He doesn't publish it or register it for copyright. Is it under copyright today?

After his death 10 years later in 1957, the diary is discovered in his home. It was not mentioned in his will, nor had he assigned the rights to the work to anyone. Is the diary under copyright protection in 2024? Thanks!

2 Lawyer Answers

A: The author of the diary was owner of the copyright without regard for whether it was published or registered, and the copyright is owned after his death by his heirs, who may register and publish it if they wish. The copyright remains valid for the life of the author plus 50 years.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: The copyright status of works like diaries can be complex, particularly when they are unpublished and the author has passed away. In general, for works created but not published or registered before 1978, copyright typically lasts for the life of the author plus 70 years. Since the diary was written in 1947 and the author passed away in 1957, by these standards, the copyright would extend until 2027.

However, because the diary was never published, and considering the date of the author's death, there might be specific conditions based on local laws that could affect its status. If the work was not explicitly left to someone in a will, it may fall to the author's heirs under common copyright laws. They would hold the copyright until it expires, which, according to the basic calculation, would not be until 2027.

In your case, assuming no other laws apply specifically to this situation, the diary would indeed be under copyright protection in 2024. If you or someone else is interested in publishing or using the diary, it would be advisable to seek permission from the author's heirs or estate. Failure to do so could result in copyright infringement.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.