France moves to seize copyright on out-of-print books released before 2001

[Werthead]

A curious French plan known as 'reLIRE' is in the offing which could have serious consequences for authors - SFF or otherwise - who have published books in French prior to 2001.

Under this plan, if you published a novel, novella or short story in France prior to 2001 and it is now out of print, the work would now be considered 'orphaned'. The Bibliothèque Nationale de France is placing all such works on an online database. Writers and copyright-holders have six months to check the list and register that the story is still in copyright. If they do not, the works will be auctioned off to publishers to use as they see fit, with them keeping almost all of any resulting profits.

If you do have such works, you have to fill out a form (currently only available in French) and provide a valid French ID card number or a passport number. If you don't have a passport, tough. If you don't spot the story on the database in the first six months, tough. If the author has died and his or her family or heirs fail to act on any of this, tough.

So far, works by SFF authors including Robert Silverberg, George Alec Effinger, Ursula LeGuin, Samuel R Delany, Vonda McIntyre, and Roger Zelazny have been found on the database.

The initial database list was issued on 21 March. This means that authors, their representatives and heirs have only four months from now, until 21 September, to act on the issue or risk losing control of their works in France.

More on this alarming story here and from the Science Fiction Writers of America here.

 

[Brian G Turner]

That sounds astonishing - it's nothing more than copyright theft. Makes Google Books look legal by comparison.

 

[Ursa major]

As well as, apparently, contravening France's copyright law (although one might assume that the new law already contains one or more clauses making French copyright law abide by the new mechanism), doesn't it also contravene European copyright law, which is not subject to modification by a single member state?

Given this, I can't see this surviving, although it might take some time for the process to complete. In the meantime, letters should be dispatched to those publishers wishing to cash in on their newly/to be acquired (and stolen) copyrights, pointing out that any money they make will eventually be removed from them in the courts (under reasserted EU copyright law) and returned to the true owners of the copyright. That, with the likelihood of having to pay legal costs on top of that, should make them realise that stealing these copyrights are not worth the candle.

.

 

[Ogma]

It is interesting that so many books were nominated by publishers to be included on this list. Are publishers who nominate a book precluded from buying back the rights later?

Does anybody know what the (spurious) rationale for this copyright seizure?

 

[The Judge]

Does anybody know what the (spurious) rationale for this copyright seizure?

I think the supposed idea is for readers to be able to find otherwise out-of-print books and for the authors to receive some payment from those who want to market such books if their own publishers won't put out further editions. As with most things, I suspect someone imagines he can make money out of this, and has *cough* persuaded *cough* contacts to push through legislation no one else wants.

 

[Glitch]

Interesting. From what I've read about the French Law, they don't get the rights to use the work as they see fit. They only get the rights to sell the digital copy of the work. Which is still bad.

If you could access these orphaned digital copies from the United Kingdom, then I assume you could take the French publishers to a British court for copyright infringement.

Assuming you sell French translations (or originals if you wrote it in French) of eBooks on your website. How would this law apply?

How would it apply to previous editions of books. Sell you release a second edition, that means the first is out of print.