Supreme Court Denies Certiorari for Second Time to John Steinbeck’s Heirs Over Copyright Dispute

John Steinbeck’s only surviving son and sole grandchild were denied their petition for Certiori, which the US Supreme Court would have then proceeded to hear, for the second time.  The ruling affects the royalties of such well known novels as “Tortilla Flat,” “Of Mice and Men” and “The Grapes of Wrath.”

The issue was was whether a contract superceded a Notice of Termination of copyright.  The Copyright Act, as amended,  gives authors and their heirs the power of termination on prior grants of transfers or licenses of copyright.

Over the years, Congress has passed several laws allowing for artists or their heirs to assume control over copyrighted work decades after the fact. The laws were created as an acknowledgment that creative works often don’t realize their full commercial value until well after their initial publication.

This power of termination exists largely due to the fact that Congress sought to protect young authors from their disparate bargaining position with publishers. Thus, the enactment of certain provisions gave the authors a second chance at protecting their rights and preserving the rights for their heirs

In 1938, John Steinbeck entered into a copyright agreement with his then-publisher, Viking, which gave Viking a 28 year royalty term, extendable for another 28 years.

However, Steinbeck also entered into an agreement in 1994, which allegedly terminated these rights in favor of Steinbeck’s third wife, Elaine Steinbeck.

Thomas Steinbeck and Blake Smyle issued a Termination Notice  in 2004. They allege that the notice should have terminated the 1938 grant — and that the power of termination essentially rested with them.

The District Court granted summary judgment in favor of the heirs, but the Second Circuit Court of Appeals reversed the summary judgment and ruled in favor of the publisher, citing that Elaine Steinbeck’s contract terminated the 1938 copyright.