Re: Rights - Steven J. Coker
Subject: Re: Rights
From: Steven J. Coker
Date: August 21, 1999

QUESTION:  My deceased ancestor gave interviews to the newspaper.  They printed
articles based on the interviews.  No one saved a copy and we would now like to
have one.  But, the newspaper has not responded favorably to our request for a
copy.  What can we do?  Do we have rights to these materials?


RESPONSE:  You stated that your ancestor "gave" the interviews.  Once a gift is
given it then belongs to the recipient.  The gift recipient can do whatever they
like with the gift.  They can share it, not share it, destroy it, sell it, or
whatever they want.  

If the material wasn't "given" to the reporter, then who would own any copyright
to the written work?  I think that the reporter or the newspaper would own the
copyright.  A copyright does not exist until a work is fixed in tangible form. 
Spoken words do not become copyrighted until they are written down or recorded. 
So, the spoken interview wasn't copyrighted.  But, the written or recorded
materials based on the interviews could be copyrighted.  Your ancestor spoke,
the reporter wrote or recorded.  Thus, the reporter created a copyright, not the
speaker.

It could be possible for the speaker to have a contract with the author in which
the speaker established rights to the material.  But, what are the changes such
a contract ever existed?  Or that it wasn't lost or destroyed long ago?

If the reporter was working for the newspaper as an employee, then I think the
newspaper would own the copyright.  If the reporter was acting as a freelance
writer and did not transfer the copyright, then it would remain with the
reporter.

But, regardless as to the copyrights, the newspaper would not have to share
anything in their private holdings.  Not even if the material was requested by a
copyright owner.  

Imagine that you own an old book which is no longer copyright protected.  Now,
suppose that the descendants of the author asked you to loan them the book to
copy it.  Being a nice person, you might be willing to loan it to them.  But, if
the material is rare enough, it may have monetary value.  You might not want to
"share" it without due care and perhaps a non-publication agreement.  

If someone could make a copy then they could distribute copies to others.  Or,
they could publish and distribute it for profit.  Without an agreement, you
would have no control over their actions and could claim no share in their
profits.  The value of you property might be reduced.  The demand for it could
be considerably reduced if copies were readily available.

But, most newspapers are also archived by libraries.  So, you might find the
material in a library somewhere.  Or, you might try talking to someone else at
the newspaper.  Try contacting an editor or the publisher.  Or, ask one of the
reporters to get it for you.  Or, try offering to sign a non-publication
agreement.  Or, try offering to pay them something for the material.  Most
things have a price.  You just need to find it.  

Also, I would expect that a local newspaper wouldn't want to create hostile
relationships with extended families in the community where they publish.  That
should be a negotiating chip in your favor.

IMHO,

Steve Coker

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