Joseph Goebbels' Estate Sues Publisher Over Diary Excerpt Royalties
wabrandsma writes with this from The Guardian: The estate of Joseph Goebbels, Adolf Hitler's minister of propaganda, is taking legal action against the publisher Random House over a new biography, claiming payment for the use of extracts from his diaries. Peter Longerich's biography of Goebbels is to be published in May (Random House/ Siedler). Longerich, who is the professor at Royal Holloway's Holocaust Research Centre, maintains this case has important censorship implications. 'If you accept that a private person controls the rights to Goebbels' diaries, then – theoretically – you give this person the right to control research,' he said.
Up front confession: haven't read the article, but unless the diaries are in the public domain, isn't this pretty cut and dry? If the diaries are in private hands, they're in private hands and you need permission to use their contents.
'Initially, he feared that Schacht would take out an injunction against the book, preventing its publication altogether. Determined to avoid the destruction of any books “on the grounds of a claim from Goebbels”, he agreed to pay her 1% of the net retail price.
He said: “When she wanted to cash in on that agreement, I said that agreement is null and void It’s against the moral rights You haven’t been entitled to sell me any words as those words lie within the Bavarian government.”'
The author agreed to pay a 1% royalty and then reneged when the heir tried to collect. Of course that triggered a lawsuit.
It seems that the bigger problem here is that modern copyright is so unreasonably long, historical documents are still under copyright. Anything over the original 28 year copyright term is really robbing the next generation of history.