From: Jim Carlile (email suppressed)
Date: Thu Feb 14 2008 - 18:16:52 PST
If Kunkin tells you in writing that it's ok to use the material, that would
constitute publisher's consent. So have him write it down, and also
acknowledge that he or an entity he controls does indeed own the copyrights in the
first place.
The material wouldn't be in public domain, because copyrights last much
longer than forty years these days. And the copyright act of 1976 basically put
everything into copyright anyway, even if he never registered each issue with
the Copyright Office, as was the procedure pre-'76.
I'm surprised that copyrights for these articles didn't revert back to the
author automatically, upon publication. That was standard protocol-- i.e., the
copyrights to all of the old British film making magazine articles are owned
by the authors or their heirs, (Ivan Watson, Tony Rose, et.al...)
It's a great idea to re-publish these things. For advice, you might want to
check with Lenny Lipton about what to do-- he has a similar situation with his
old and useful articles from the Berkeley Barb. It may also turn out that
you own the copyrights already....
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