I don't agree with the practice, Eric, but it's generally accepted that a 'publisher' holds rights to internal text design, any editing and the packaging (cover, etc), even when word content is PD ... and for treebooks and ebooks alike.
For instance, the generous Harry T's exclellent treatment of books he so painstakingly prepares, proof reads and formats is, in my opinion, his intellectual property. The treatment, I mean; not the content. The actual law is a little shady on this point, but I for one would never dream of lifting Harry's work on content and merely re-packaging for commercial publication. I can only hope that many others share this moral code.
This is also the case in most publishing agreements with contemporary authors, by the way, Ivan. When rights revert to him/her for any reason, those rights -- strictly speaking -- apply only to the original raw manuscript and not to ANY publisher input
My own wee house always waives those rights when a contract expires, and we hand over our own cover work or put the author in touch with the copyright-holding artist if the work wasn't handled in house. We also freely offer our ebook files for the author's personal use -- any use, including commercial on-sale. Others, especially the Big Six, stick doggedly to their guns.
And that ain't cricket unless there's a darned good reason on an individual contract basis. I strongly feel it should not be standard practice if a contract naturally expires or is curtailed by mutual agreement.
Cheers. Neil
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