Legal Question in Intellectual Property in New York
copyright law
If a publisher files for chapter 11, does he or the court have the right to sell a copyright to satisfy their debt instead of letting it revert back to the author.
2 Answers from Attorneys
Re: copyright law
You should probably post this question in the bankruptcy law question but be clear with your facts. If you are the owner of the copyright, the only asset in the bankruptcy estate would be the rights you granted to the publisher. Your copyright should remain unaffcted so any rights you've not granted to the publisher should be clear. Under your agreement with the publisher there may be a provision dealing with bankruptcy soo you should also refer to that.
Re: copyright law
I agree with the prior reply -- need more facts too. There is obviously a contract that provides for some transfer or license of rights from the author to the publisher, which may address the issue. There are also provisions of the Bankruptcy Act relating to licensed intellectual property. Unfortunately, many bankruptcy attorneys know little (if anything) about intellectual property, and these issues are often mis-handled in the bankruptcy court.
Best wishes,
LDWG