Steinbeck’s heirs lose book rights

There has been an ongoing dispute over the rights to some of John Steinbeck’s most famous books such as The Grapes of Wrath and Of Mice and Men. 

Recently, a court in New York ruled that Penguin, a book publishing company, had superior rights to these books than Steinbeck’s son and granddaughter.

How did this happen?  According to David Litterick, John Steinbeck heirs feel publisher’s wrath, Telegraph.co.uk, August 15, 2008:

In 2006, Thomas Steinbeck and Blake Smyle were awarded the rights to the Nobel prize winner’s works after a judge ruled that heirs were able to terminate contracts under copyright laws, to allow descendants “appropriate reward for the artistic gifts to our culture”. The law was drawn up to protect authors who sign away rights early in their careers before they have enough success to demand better terms.

However, this week the higher court ruled that was not the case, because Elaine Steinbeck, the author’s third wife, had already entered into a fresh copyright agreement, and that descendents only had one chance to renegotiate.

The article also discusses similar issues that have arisen for other famous authors and their survivors such as AA Milne (Winnie the Pooh), JM Barrie (Peter Pan), and James Joyce.

Special thanks to Joel Dobris (Professor of Law, UC Davis School of Law) for bringing this development to my attention.