A federal judge in New York has ruled that writer John Steinbeck’s son and granddaughter have the legal right to decide who will publish most of his novels and short stories.
In what could be a far-reaching decision on intellectual property and copyright law, U.S. District Court Judge Richard Owen upheld the right of Thomas Steinbeck and Blake Smyle to “recapture” the copyright for “The Grapes of Wrath,” “Of Mice and Men” and other works.
His decision was based, in part, on the complex provisions of the Sonny Bono Copyright Term Extension Act, a federal law adopted in 1998 after the death of the singer and congressman. It allows heirs of authors and songwriters to serve notice of termination, which can end existing copyright agreements.
It is one of the first federal court decisions on the issue of recapturing copyright ownership. Last year, a federal court ruled that the heirs of A.A. Milne did not have the right to change a copyright on Winnie the Pooh and other characters, which generates hundreds of millions a year for Walt Disney Productions.
Because of the legal timetable they must follow, the two will gain control of “Cup of Gold: A Life of Henry Morgan,” his first novel, on July 1, and of “The Pastures of Heaven” on Nov. 1. They will control the copyright to “Of Mice and Men” in 2012, and “The Grapes of Wrath” in 2014.
Opposing the Steinbeck lawsuit were publishing house the Penguin Group; the Steinbeck Heritage Foundation; the heirs of Steinbeck’s wife, Elaine, who died in 2003; Steinbeck’s literary agent; as well as Paramount Pictures, Rogers & Hammerstein and MGM for theatrical rights to “Cannery Row,” “The Long Valley” and “The Wayward Bus.”
Owen ruled in favor of the film and theatrical producers, noting that because Steinbeck died before the copyright of his works for those productions was up for its first renewal, they belonged to Elaine Steinbeck’s estate.
