Legal Question in Intellectual Property in Arizona

copyright revocation

The minister at our church produced a number of articles and newsletters related to religious issues. He also developed his own scriptural transation. During his lifetime he gave one of us written permission to reproduce and distribute his religious material in any form. After his death, the family now wants to revoke that and require that all materials go through them. Particularly they want to control (or shut down) a website that has much of his material available for free.

Question 1: can they revoke a permission granted by him?

Question 2: if the website was developed prior to the family wanting to revoke the permission - does the website have to be closed? Or is it legal to keep material published on the website prior to them revoking this permission?

thank you


Asked on 1/12/03, 8:18 pm

1 Answer from Attorneys
Todd Epp Abourezk & Epp Law Offices

Re: copyright revocation

You have presented some interesting issues. Based on what you have provided in your posting, here are some thoughts:

For there to be an assignment of rights or exclusive license from the minister to you, there must be some sort of writing. If there is no writing, the most you may have is a non-exclusive license.

If there is a writing and it is valid, the family would be able to recapture rights between years 35 and 40 of the transfer.

If there is not writing in place, you have a big mess that I'm not about to try and answer in this setting.

Also, you should consult with an attorney in the state where the will was probated as to their laws on wills and transfers prior to death.

Thanks for your question. I hope this helps.

Best regards,

Todd D. Epp, Esq.

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Answered on 1/12/03, 10:19 pm


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