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Appeal Court overturns previous Steinbeck copyright ruling

14.08.2008 17:03 Arts - Source: cbc.ca

A long-simmering copyright dispute over John Steinbeck's early works continues this week, as a U.S. federal court overturned a previous decision awarding rights to the author's son and granddaughter.

The 2nd U.S. Circuit Court of Appeals in Manhattan reversed on Wednesday a lower court judge's 2006 decision to award publishing rights for 10 of Steinbeck's early works to his son, Thomas, and his granddaughter, Blake Smyle (only daughter of his other son, the late John Steinbeck IV).

The 10 works include the Nobel Prize-winner's classics Of Mice and Men, The Grapes of Wrath and Tortilla Flat.

Wednesday's decision effectively returns the rights to these 10 works to publisher Penguin Group and the heirs of Elaine Steinbeck, the author's widow.

At issue is control over the publication of Steinbeck's literature and decision-making power in regard to the use of his work in other media, including film, television or on the internet.

Dispute goes back decades

When Steinbeck died in 1968, he bequeathed his estate to his third wife Elaine, whom he married in 1950.

In the early 1980s, the author's sons from his second marriage, Thomas and John Steinbeck IV, sued her for partial control. The case was ultimately settled out of court.

John Steinbeck IV died in 1991. Elaine Steinbeck died in 2003.

In 2004, surviving son Thomas and granddaughter Smyle launched legal action against Elaine Steinbeck's estate, alleging that she had been cheating them out of royalties from the author's writing.

Mark S. Lee, the lawyer representing Thomas Steinbeck and Blake Smyle, said he was disappointed with Wednesday's ruling, which overturns the 2006 decision which had given the literary rights to his clients.

However, both Penguin Group and Susan J. Kohlmann, the lawyer representing Elaine Steinbeck's estate and heirs, said they were "delighted" and "gratified" with the appeal ruling.

"The wishes of John Steinbeck related to ownership of his literary works have been validated," Kohlmann said.

With files from the Associated Press

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