[HNW] 1597 Sibmacher
fran at lavoltapress.com
Fri Aug 31 01:15:12 PDT 2007
> SCUM! Still, she has copyright over her individual patterns. She can't
> reprint them as the publisher put them together and therefore match his
> copyrighted format, but there should be a way around that.
Book publishers usually file the copyright forms with the Copyright
Office in the author's behalf. Even if the author owns the rights,
which is commonly the case.
But: Who owns which rights depends on the publisher/author contract (and
I hope there was one). If the publisher explicitly bought "all rights"
or it was a "work for hire," or the author was a permanent employee of
the publisher, then the publisher owns the copyrights. Otherwise,
probably the author does, although some rights would have been licensed
to the publisher for some period. (Note that copyright is actually a
whole bundle of rights, which include a number of derivative works
rights that can all be separately licensed, or separately sold outright.)
However: Publishers do not usually claim rights to their editorial work
independently of the author's rights. This is actually legally possible
in some cases; but given the publisher-author working relationship, it
is highly impractical. In common practice all editing, no matter how
extensive, and including the organization of anthologies, is a service
book (and magazine) publishers provide for authors.
Let's suppose the author contractually owned the copyrights to the book,
but the publisher claimed them with when filing the form with the
After US Copyright registration, you can correct significant errors in
your registration form by filing an application for supplemental
registration. Such errors include misidentification of the copyright
owner. The necessary form is called Form CA.
On the other hand, the publisher may have in fact filled out the
registration form correctly, but made an error in the notice on the
copyright page. (Although, of course, they might have done both.) The
way to remedy this is to include a valid notice in all subsequent
printings of the work and if possible, all copies from an old printing
(think pasted-on labels, like an address label, or, it's clunky but it
works, rubber stamps). If a copyright case goes to court, there are a
lot of guidelines about how soon you should do this. But the bottom
line is, the sooner the better and on the more copies, the better.
BUT: If the publisher contractually agreed with the author that the
author owned the rights, but failed to correctly carry out copyright
registration, or placing of a copyright notice, on the author's behalf,
that the author's legal claim to their copyright is in no way impaired,
because it's the publisher who made the error. The publisher does not
get any claim to copyrights they did not contractually license merely by
printing a notice wrong or filling out a form wrong.
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