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publishing a found journal/diary

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KMCP

Junior Member
TWO QUESTIONS:

1) Can someone legally offer for sale a book based 50% on a personal diary covering 1986-1993 if: A) the diary was obtained through the purchase of a miscellaneous lot of items at an estate sale handled by an established auction house, B) names and identifying information are changed so as to make it impossible to identify the author or anyone named in the diary?

Assuming (optimistically) that the answer so far is Yes: Can the product legally include the diarist's real first name? Can the product include a photo of the diarist? Can the product included photos of the journals? The identity of the diarist is unknown. It could probably be tracked down. In all likelihood the diarist is deceased.

2) This is not a matter of criminal law, right? Who would have standing to sue in civil court?

Thanks.
 
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FlyingRon

Senior Member
Assuming we are in the US or any other Berne signatory, the work is protected by the original author's copyright. While you can sell the actual manuscript, making copies without the permission of the author is right out.
 

KMCP

Junior Member
Assuming we are in the US or any other Berne signatory, the work is protected by the original author's copyright. While you can sell the actual manuscript, making copies without the permission of the author is right out.
U.S. publication.

This is not a matter of criminal law, right? Who would have standing to sue in civil court?
 

tranquility

Senior Member
The heir(s) who own the estate. Depending on the exact suit others too.

Say the diary is untrue? Say the diary expresses private facts of others? Were the rights sold or gifted?
 

asiny

Senior Member
1) Can someone legally offer for sale a book based 50% on a personal diary covering 1986-1993 if: A) the diary was obtained through the purchase of a miscellaneous lot of items at an estate sale handled by an established auction house, B) names and identifying information are changed so as to make it impossible to identify the author or anyone named in the diary?
a) All I read here is that you purchased a bunch of miscellaneous stuff from an auction- part of that was a personal diary. You purchased the diary, but not the contents.
b) This would be like taking a book by (example) Stephen King and changing all the names and locations, but the story is the same... no. You could not sell it.
Assuming (optimistically) that the answer so far is Yes: Can the product legally include the diarist's real first name? Can the product include a photo of the diarist? Can the product included photos of the journals? The identity of the diarist is unknown. It could probably be tracked down. In all likelihood the diarist is deceased.
You realise that this contradicts your question b) above, right? How can you change all the identifying names, etc.. but then include a photo of the copyright holder and their 1st name? Really?
You purchased the items from an estate... but the identity is unknown, yet you have a photo- and you want to "legally" include their 1st real name, which implies you have the 'real' last name and also believe they could be tracked down.... want to publish? Track them down and request permission from them or, as tranquility posted, the heir(s) of the estate.
2) This is not a matter of criminal law, right? Who would have standing to sue in civil court?
See response from tranquility.
 

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