Quote:
Originally Posted by ATDrake
if the publisher does in fact bargain for the new media rights but fails to release in them, then the new media rights should revert to the author within a specified limited length of time, so that the author is not denied income from the sale of her copyrighted creation.
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What are you, new?
For example, let's say I sign a contract with a publisher, that includes film and television rights. The publisher should not be obligated to put out a movie (that could cost tens or hundreds of millions of dollars) in a specific time frame, just because they happened to negotiate for those rights.
The idea that a publisher is obligated to release material in every medium listed in the contract, despite explicit language in the contract to the contrary, is patently absurd.
The idea that every movie script that gets sold must be made into a movie is equally absurd.
Now, if the author puts an expiration date to the rights into the contract, and all parties agree, then I have no problem with it. But if it isn't in the contract, then the reversion of rights has no grounds whatsoever, nor should copyright laws interfere in legitimate contracts reached between consenting parties.
Options, by the way, get renewed because they are only the "exclusive right to buy the rights," and are only a portion of the total fees. If a movie studio proceeds and buys the rights, they still aren't obligated to go ahead and make the movie.
As far as "work for hire," again that's a consensual arrangement. Some include payments for residuals, some don't. If you don't like the contract, don't sign it. 'Nuff said.
By the way, Siegel & Shuster weren't kept "in poverty" or "doing odd jobs" while working for National Allied; they were making $75,000 each in 1941 (equivalent to $1 million today). After 10 years working for NA, they sued for control of the rights, lost, and took a $200k settlement ($1.8 million) in exchange for signing away all claims to those rights.
They were well-known, and had every opportunity to capitalize on their success, and did continue to work in their chosen field. It was much later in life that Shuster had health problems and was unable to work -- as in, over 30 years later. No one knew that Superman would become an iconic character -- and much of the reason for that status is due to work by NA/DC done long after Siegel and Shuster stopped working on the comic.
So yeah, not sure this qualifies as an example of the sheer horrors and injustices of work-for-hire.