All Rights Reserved

[drewber11]

What is the name of your state (only U.S. law)? MO

I have a packet of handouts from a collegue, that is in book form. He "published" it by copying and binding it. THere are no copyright designations other than "all rights reserved" printed on the cover.

I would like to distribute and sell this packet of handouts. However, I have not been able to find him to ask permission. He appears to have dropped out of site. I've contacted his friends and they all say he's severed ties with them. I've done an internet search and have a last known address but no phone and letters have been returned unanswered.

Short of hiring a private investigator to track him down, what do I need to do prevent copyright violations.

Does "all rights reserved" constitue a copyright?

Thanks!

 

[Mass_Shyster]

copyrights are automatic. Once the book was put into tangible form, the copyright existed.

You cannot copy this work without permission from the copyright holder.

 

[FlyingRon]

Steveh is correct. Since 1989, when the US finally adopted the international copyright convention (Berne), all it takes is the work being expressed in tangible form. All Rights Reserved never meant anything anyhow. Copyright assumes the owner retains all rights unless he specifically grants them otherwise.

 

[drewber11]

then what?

But if you cannot get ahold of the copyright holder to get permission, what do you do?

 

[Mass_Shyster]

But if you cannot get ahold of the copyright holder to get permission, what do you do?

Write your own.

 

[drewber11]

duh! probably the most intelligent words ever uttered by an atty.

 

[cyjeff]

duh! probably the most intelligent words ever uttered by an atty.

I am sorry.

What you want is someone to say, "here is how you steal someone else's work without paying them for the privilege".

That loophole does not exist.

I cannot reprint a Stephen King work and begin to pass it out simply because Mr. King won't return my calls.

Neither can you. If you want to send it out, make your own.

 

[drewber11]

I am willing to pay him for his work. If you were to sell Mr. King's books, how would you get payment to him. I do not want to pass this off as my own. I want to distribute the work, and yes, earn income from the work. I would gladly give him his due. So how does that happen.

I find a journal at an estate sale that person wrote down profound thoughts, I want to publish them but the person has died and no heirs. What then?

 

[FlyingRon]

I am willing to pay him for his work. If you were to sell Mr. King's books, how would you get payment to him.

There is always a successor. In Dr. King's case, his estate still maintains the copyright and has sued people who infringe. Even Sherlock Holmes as a trademark is pursued by the estate of Dame Jean Conan Doyle (Sir Arthur Conan Doyle's daughter, quite a remarkable woman in her own right).

You'll have to do the research to find out who the successor is.

 

[The Occultist]

And to add on to FR's post, if you cannot track down the owner or he otherwise will not communicate with you or grant the license, then you are SOL and are legally not entitled to make your attempt.

 

[Mass_Shyster]

I am willing to pay him for his work. If you were to sell Mr. King's books, how would you get payment to him. I do not want to pass this off as my own. I want to distribute the work, and yes, earn income from the work. I would gladly give him his due. So how does that happen.

I find a journal at an estate sale that person wrote down profound thoughts, I want to publish them but the person has died and no heirs. What then?

In the words of the great legal scholar Jagger: "You can't always get what you want"