[WSBAPT] Transfer of Book Rights?

[Philip N. Jones]

I can’t answer all of your questions, but I have a few comments.
Look at a copy of the book to see who holds the copyright.  It is probably the two authors.  The copyright (or your decedent’s half interest in it) is what is most important to transfer.
If you have a copy of the book, the name of the publisher should be on it.
Most (not all) publishing contracts provide that the authors assign the copyright to the publisher for as long as the publisher keeps the book in print.  And if the publisher lets the book go out of print (say, for six months or more), the copyright reverts to the authors.
You have some detective work to do.
At a minimum, you should assign the decedent's interest in the qcopyright and any interest the decedent had in any publishing agreement involving the book.
Phil Jones

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________________________________
From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> on behalf of Jennifer L White <jen at appletreelaw.com>
Sent: Thursday, November 17, 2022 3:30:03 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Transfer of Book Rights?


Hello Listserv Colleagues,

I have a probate asset situation for which I would appreciate your input. I am looking for information on the correct way for an estate to transfer decedent’s rights in a book he wrote. The decedent co-wrote a book on an esoteric niche topic years ago. There were a certain number of books printed. I do not know if they self-published, but there is no record of a publishing contract. At this point, all of the books are sold or otherwise disposed of. The other co-author is also now deceased, but I’m not worried about dealing with that aspect, only transferring our estate’s interest. There is one beneficiary in the family that shares the same enthusiasm for the subject matter as the decedent. He has expressed interest that at some future date, he may want to write an update to his father’s work. There is no definitive plan that it will actually happen, just that he may want to do it. I want to correctly transfer this “interest” to him so that years from now if he decides to go forward, he has whatever documentation is needed to vest him with the interest.



Can I prepare a simple assignment describing the interest as best as we can and then distributing it to him with the signature of the PR? OR, is there some more official/formal way of handling it? Bonus, if you have a form for accomplishing this task that you are willing to share, I will be forever grateful 😊



Thanks in Advance,



Jennifer L. White, Esq.

[cid:image001.jpg at 01D8FA99.746A8D70]



jen at appletreelaw.com<mailto:jen at appletreelaw.com>

PO Box 11037

Yakima, WA 98909

509.225.9813


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