US: A federal judge in New York has ruled that writer John Steinbeck's son and granddaughter have the legal right to decide who will publish most of his novels and short stories.
In what could be a far-reaching decision on intellectual property and copyright law, US District Court Judge Richard Owen upheld the right of Thomas Steinbeck and Blake Smyle to "recapture" the copyright for The Grapes of Wrath, Tortilla Flat, Of Mice and Men and many other works.
His decision was based, in part, on the complex provisions of the Sonny Bono Copyright Term Extension Act, a federal law adopted in 1998 after the death of the singer and congressman, which allows heirs of authors and songwriters to serve notice of termination, which can end existing copyright agreements.
It is one of the first federal court decisions on the issue of recapturing copyright ownership. Last year, a federal court in California ruled that the heirs of A A Milne did not have the right to change a copyright on Winnie the Pooh and other characters, which generates millions of dollars a year for Walt Disney Productions.
After the death of Steinbeck's widow, Elaine, in 2003, Thomas Steinbeck and Smyle served notice last year of their intent to terminate the copyright of his works. Because of the legal timetable, the two will get control of Cup of Gold: A Life of Henry Morgan, his first novel, and of The Pastures of Heaven initially and will only control the copyright to Of Mice and Men in 2012, and The Grapes of Wrath in 2014.
Opposing the Steinbeck lawsuit were publishing house the Penguin Group, the Steinbeck Heritage Foundation, Elaine Steinbeck's heirs, Steinbeck's literary agent and also Paramount Pictures Corp, Rogers & Hammerstein and MGM for theatrical rights to Cannery Row, The Long Valley and The Wayward Bus.
Owen ruled in favour of the film and theatrical producers, noting that because Steinbeck died before the copyright of his works for those productions was up for its first renewal, they belonged to Elaine Steinbeck's estate. The Penguin Group said it would appeal. - (Los Angeles Times- Washington Post service)