AustLit

'Today it is the heirs to the copyright in a literary work that will enjoy the benefits of that property right for the longer part of its duration, rather than the original author. Copyright can therefore be a valuable element of an author's estate and on that basis it appears that heirs (and purported heirs) are increasingly engaging in public campaigns and litigation to protect both that property and their individual rights to it. This two-part article approaches an analysis of the contemporary relationship between copyright and heirs from a comparative perspective, by utilising a case study on the heirs of Australian colonial author Marcus Clarke. It evaluates how Clarke's widow, Marian, and later their children, navigated the gaps in the applicable colonial and Federal statutes throughout the duration of copyright in Clarke's most prolific work, His Natural Life, with respect to dramatisations and film adaptations of that story. Part One reveals that, when the colonial copyright statutes failed to provide any exclusive right of dramatisation, a "moral" right to royalties was created in Marian's favour by theatrical producers seeking to claim their version as the "authorised" play. Part Two considers Marian's use of new rights granted under the Copyright Act 1912 (Cth) and how, following their mother's death, the Clarke children also successfully exploited their copyright with respect to dramatisations, until its expiration in 1931. Both parts conclude with lessons that authors' heirs today can draw with respect to copyright law from the experiences of the Clarke family' (Publication Abstract).