Kahle v. AshcroftThe Golden Phoenix, and Other French-Canadian Fairy Tales
originally submitted by Robert Nagle:
I run a non-commercial literary website and I wanted to obtain permission by an adaptor/collector of fairy tales to republish a story or two. After a month of tracking down the adaptor/translator and asking for permission to reprint one of his stories, he told me he had no idea who owned the copyright at the moment (he was 76 years old). The work was originally published in the 1950's, republished several times (after winning an award or two), sold to Oxford U. Press and then resold to a children's publisher which went out of business more than 20 years ago. I haven't contacted Oxford U. Press, but they don't own the copyright, so I doubt that would have made much difference anyway.
It was disappointing to communicate to the adaptor/translator my enthusiasm for his tales when I knew that the man didn't own the copyright.
This book has been out of print for almost 30 years, and as a noncommercial website, I confess I don't have the time to do the research necessary to seek clearance, especially with the last publisher out of business. Perhaps the assets were sold to a larger publisher (maybe they revert to Oxford U.), but I don't have the resources to find this out.
Stifled uses
Robert Nagle:
publish on the web adaptations of Canadian/French fairy tales from a book that has been out of print for almost 30 years.
Robert Nagle:
more info about the work in question. collected by Charles Marius Barbeau, tr. adapted Michael Hornyansky Original Pub: Random House Childrens Publishers, resold to Scholastic Books
Jim Vadeboncoeur, Jr.:
I publish a magazine that reprints illustration art that is in the public domain. (www.bpib.com/images.htm) Many times I would have liked to go beyond the 1922 certainty date, but there is simply no simple and economical way to ascertain whether or not a copyright was renewed.
For instance, Hearst published a Sunday Supplement called The American Weekly that contains work by an artist, long dead, who ONLY worked there. I'd love to produce a book of his art, but my efforts to contact Hearst Inc have been fruitless.