copyright of magazine articles, specifically Ogonek

[Janice Pilch]

Dear Deborah,

It was common practice during the Soviet era (and even today it is common practice in Russia and all over the world) for authors to sign their rights over to publishers in the publishing contract. Things are beginning to change, with authors retaining control over copyrights or establishing open access licenses, but the likelihood is that the copyright was transfered to the publisher in the publishing contract if this is an older work.

You can never know for sure. Sometimes publishers claim rights that they don't own, and of course there is always the possibility that the publisher has sold to another legal entity the rights for publication/distribution of its articles in other countries. One of the most frustrating aspects of copyright today is the lack of information on current copyright ownership.

I suggest that your friend document the attempts to obtain permission, make 3-4 attempts, and in the event that problems arise later, that documentation will weigh heavily against an infringement claim, although it is not a guarantee. I would suggest contacting Copyrus, Russia's collection management agency, to see if they can offer advice or obtain the permissions for you, but I think that their status is in jeopardy right now for the way they conduct business, in light of new changes to the law, and they might not be the most reliable source. There is no easy answer here, except to keep trying with Ogonek, and also with the author if he/she is still alive and remembers the terms of the publishing contract.

Because I am not an attorney, and do not have a law degree, I must add the disclaimer that this message should not be interpreted as legal advice. But if more questions arise, please feel free to contact me, I might have more suggestions.

Best regards,

Janice Pilch

---- Original message ----
>Date: Mon, 29 Jan 2007 09:38:51 -0800
>From: Deborah Hoffman <lino59 at AMERITECH.NET>  
>Subject: [SEELANGS] copyright of magazine articles, specifically Ogonek  
>To: SEELANGS at LISTSERV.CUNY.EDU
>
>Dorogie Seelangovtsi,
>  I have a friend involved in acquiring permissions for including articles from Ogonek in a textbook who has been unsuccessful in obtaining a response from the magazine itself. Does anyone know in general whether copyright to such articles would tend to remain with the author or with the publication?  Or does it vary widely by publication? 
>  Thanks in advance,
>  Deborah Hoffman
>
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Janice T. Pilch
Associate Professor of Library Administration
Head, Slavic and East European Acquisitions
University of Illinois at Urbana-Champaign 
1408 W. Gregory Drive, Urbana, IL 61801  
Tel (217) 244-9399
Fax (217) 333-2214

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