4 ms·
As noted in the prior thread, movie novelizations are almost always work-for-hire jobs, meaning that the authors are not entitled to royalties but get paid a fi
by gamblor956 6y ago
As noted in the prior thread, movie novelizations are almost always work-for-hire jobs, meaning that the authors are not entitled to royalties but get paid a fixed amount and may receive sales-based bonuses. (In a work-for-hire arrangement, the author is commissioned to write something, and the employer owns the copyright and thus also the royalties for licensing, republication, etc.)
While 70s/early 80s era Fox was known for its artist-friendly legal deals (see, e.g., letting Lucas keep Star Wars), it would have been extremely unusual for Lucasfilm to have hired ADF on anything but a WFH basis. And indeed, the copyright record for the novel Splinter of the Mind's Eye shows that the "Star Wars Corporation" owns the copyright, not ADF, and was an "employer for hire." (https://cocatalog.loc.gov/cgi-bin/Pwebrecon.cgi?v1=4&ti=1,4&Search%5FArg=splinter%20of%20the%20minds%20eye&Search%5FCode=TALL&CNT=25&PID=eUEI6XpLoh-dSbNmN9csfcmClE&SEQ=20201123130607&SID=1 https://cocatalog.loc.gov/cgi-bin/Pwebrecon.cgi?v1=4&ti=1,4&...) On that note, the copyright registration for Aliens (the novelization) also shows that it was a work-for-hire. https://cocatalog.loc.gov/cgi-bin/Pwebrecon.cgi?v1=65&ti=51,65&Search%5FArg=aliens&Search%5FCode=TALL&CNT=25&PID=blZQ0xAz5o8w78oItM-KWOs57nF&SEQ=20201123130945&SID=7 https://cocatalog.loc.gov/cgi-bin/Pwebrecon.cgi?v1=65&ti=51,... (Contrast to an original work, where the author is the copyright claimant: John Scalzi's Old Man's War https://cocatalog.loc.gov/cgi-bin/Pwebrecon.cgi?v1=2&ti=1,2&Search%5FArg=old%20man%27s%20war&Search%5FCode=TALL&CNT=25&PID=7gUlzJ90NZH2vT18FOhVImCLB_g&SEQ=20201123131312&SID=12 https://cocatalog.loc.gov/cgi-bin/Pwebrecon.cgi?v1=2&ti=1,2&...)
In other words, ADF is not being denied royalties. He wasn't owed any in the first place, unless he somehow negotiated a non-standard WFH agreement that almost nobody in the industry gets. (ADF was a big name for sci-fi novelizations back in the day, so it's possible that he did have such an arrangement, but if that's the case he needs to show that he has that type of contract.)
EDIT: grammatical fixes and added links
EDIT 2: Note that the SFWA has unilaterally made claims about what they think Disney is trying to do (acquire assets without the corresponding liabilities). This claim would be correct if, as ADF claims, he owned the copyrights to the novelizations or his WFH agreement somehow obligated Fox/Lucasfilm to pay him royalties. But otherwise it's simply wrong, and Disney itself has never actually made statements to that effect. Moreover, such a claim would not comport with how M&A works in the U.S.
- roywiggins 6y agoI'd be really surprised if the SFWA hadn't thought of that before jumping in. https://www.sfwa.org/2020/11/18/disney-must-pay/ https://www.sfwa.org/2020/11/18/disney-must-pay/
- gamblor956 6y agoYes, I've read that and as a member of the SFWA I'm glad they're standing up for more clarity on this. The SFWA's job is to advocate for their members. ADF is claiming that he is owed royalties (and it's possible he has a contract saying that he is), so they're going to advocate for him. It's what they do. EDIT: Deleted my original second paragraph. Disney is not claiming that they acquired the rights to the novelizations without the corresponding liabilities. The SFWA claimed that on their own. Disney hasn't actually made a formal response yet on this other than to say that they want to work this out with ADF. Presumably, that is because they are still trying to find a copy of the now 30+ year old WFH agreement in the Fox warehouses in Century City. The SFWA president is clearly not a lawyer and doesn't understand how M&A works in the U.S. What they are suggesting about what Disney was trying to do isn't legally possible.
- roywiggins 6y agoWhy would Disney even be asserting that if they could just say "it's a work for hire, go away"? If they're taking the time to come up with this theory then they are admitting that 20th Century Fox owed him royalties.
- gamblor956 6y agoI haven't actually been able to find an actual release from Disney where they claim they acquired the rights to the novelization IP but not the liabilities. That seems to have come from the SFWA. (https://www.theverge.com/2020/11/19/21578621/disney-alan-dean-foster-royalties-copyright-law https://www.theverge.com/2020/11/19/21578621/disney-alan-dea... confirming this.)
- dllthomas 6y ago