Quote:
Originally Posted by John F
That doesn't sound like legal limbo, that sounds like the way copyright is supposed to work?
The families own the copyright, they don't want it published, so it isn't published?
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But their wishes probably contradict the wishes of the author. If the authors want their work to disappear, that's one thing. If the family is embarrassed because the author wrote something they find "objectionable," that's another thing. That has happened to authors of genre fiction.
For example, let's say an author wrote horror fiction -- but with a strong sense of morality. His deeply religious family saw the word "horror" and looked down on him, believing that his books were not "pro-Satan" or whatever and refusing to understand otherwise. After his death, they refused to put the books back into print because they thought his books were "evil." (This is not entirely hypothetical.
) Technically, that is their right as the heirs, but it's a huge shame.
But the family does not have to be the heir the author chooses. The problem is that authors often don't think of this ahead of time.
There is also the case of John M. Ford,
discussed by Neil Gaiman. Works left out of print for years because he had no will. Gaiman includes information so that other writers have the knowledge to keep this from happening in their case.
That's why some recommend that authors set up a literary estate. That way, the author can leave the control of their books and stories in the hands of someone they trust -- someone who "gets" the work and doesn't cast stones and so forth.