ANOTHER THOUGHT #4
Prepared by Paul Herman for REHeapa
THE COPYRIGHT AND OWNERSHIP STATUS OF THE WORKS AND WORDS OF ROBERT E. HOWARD
December 3, 2002
PREFACE
This article is a condensed version of a legal article that is being prepared for possible publication. Virtually all of the relevant statute, case and treatise citations have been removed, for this fan-based publication. When and if the full article is published, the citations will be included there. The conclusions herein are my own, and are based on the best information I have been able to acquire to date. Though extensive efforts have been made to accurately obtain information, interpret laws, and draw conclusions, nothing contained herein is guaranteed to be absolutely accurate. It may be that with regard to any particular item that I have somehow missed a registration or renewal or assignment, and anyone wishing to pursue the publication of REH works is strongly encouraged to undertake their own research, preferably using the services of either the US Copyright Office staff, or a competent and trained searcher familiar with such searches in the US Copyright Office. A competent legal opinion might be a good idea as well.
Where the Hunt Began
In the late 1990’s, as part of a lawsuit, certain people presented requests that suggested that there were potential problems with their alleged ownership in certain works of Robert E. Howard (“REH”). The questions raised led to research in legal treatises, case law, statutes, and the Copyright Office. The current status of this research is presented below. Note that this research is still ongoing, there are still many details to review.
Legal Standards
Many of the works of REH were first published during or shortly after his lifetime, from 1922 through 1939. More came out over the decades that followed, with a large amount seeing first publication after 1964. Under US law, all of the REH works first published prior to 1964 were subject to the registration, renewal and notice requirements of the 1909 Copyright Act (“the 1909 Act”). Under the 1909 Act, copyright was not automatically applied to a published work, as it is under the current Act. Instead, to obtain copyright, the work had to be first published subject to a number of rules. These included proper notice affixed to the work, and prompt registration. If works were published without meeting these formalities, such works were usually injected into the Public Domain (“the PD”). Further, 28 years after publication there was a one year window in which certain classes of people or entities could file for a renewal of the copyright for an additional 28 year term (later extended by Congress to a total term of currently 95 years). In practice, the courts have said that as long as the original registration is filed prior or simultaneously with the renewal, the registration was still valid. Further, the courts have on occasion been forgiving of flaw but still present notice. But, the courts have been quite strict about the one year window for renewals. Complete lack of notice also generally automatically injected the work into the Public Domain, though the totality of the circumstances can affect that issue.
Even with the 1976 Copyright Act coming into force on January 1, 1978, the need to file a timely renewal continued to be the rule until a change in the law in 1992. Hence, for works first published before 1964, a renewal had to be timely filed by an appropriate person or entity, or the work was injected into the public domain.
Further, notice requirements remained in force until March 1, 1989.
The United States Copyright Office
All Copyright Office records prior to 1978 are available only in hardcopy at the Copyright Office Search Room in Washington DC. No online access is avialable. Over the course of several visits, a review has been made of the US Copyright Office records with regard to REH works first published prior to 1964, looking for original registrations and renewal registrations, to see if a valid copyright could still exist. A review of notices within the actual original publications has not been completed yet, and as stated earlier, if notice is flawed, the work could still be injected into the PD, regardless of having proper registration and renewal.
The result of this review was that a large number of REH works subject to the rules of the 1909 Act either did not have original registrations, or no renewal registrations were filed where required. These works are therefore by law in the PD. A listing of these PD works is provided below.
Renewal Problems
An additional legal matter, only select classes of people and entities can file for the renewals. The courts have almost always said that if the renewal is made by an incorrect entity, the renewal is invalid, and the work PD. About the only exception is when the only error is leaving a joint author off the renewal, or if it was impossible for a person to know they were a rightful renewer (such as with an illegitimate child with no knowledge of the parent). Failure to file when the time was right is no excuse, nor is ignorance of the law.
A number of REH works had renewals filed by an incorrect person or entity. Because of this, another long list of works is also PD. Of special interest, most of the REH works that first appeared in Weird Tales are PD, including all those that featured Conan, Kull, Bran Mak Morn, and Solomon Kane. Further, due to no registrations, no renewals, or faulty renewals, virtually all the poetry that REH sold or otherwise had published during his lifetime is PD.
Ownership of Works First Published Prior to 1978
Under the 1909 Act it was presumed that the copyright in a work went with the physical item in which the work was first fixed. So when an author sold a story to a magazine, or gave a poem to an amateur press, it was presumed that the owner of the publication owned the only opportunity to obtain a copyright, unless the author retained his rights, in writing, and had a proper notice in his own name in the publication, and filed his own separate registration. In the case of most of REH works published during his lifetime, the rights were sold when REH sold or gave away the work. Note that the notices were always in the name of the publisher, REH never had his own notice on any published work, nor ever filed any registrations. Otis A. Kline, REH’s agent, wrote a lengthy letter to Dr. Howard after Robert’s death explaining this issue. Such remained the law up until the 1976 Copyright Act came into force and flipped this presumption of ownership, though the new presumption applied only to works that were either first created or published after January 1, 1978, or were still unpublished as of that date.
Because of this rule, all of the REH works published prior to January 1, 1964 belonged at least initially to some publisher, as no rights were ever retained, as far as I have been able to ascertain, by either REH or any of his succeeding “heirs” to whom remaining stories were left. Starting in 1963, the Kuykendalls began keeping some of the copyrights in the works that had not been published up to that time, and to which they had original typescripts, because Glenn Lord by then had become their agent, and was attempting to take care of the technical requirements as he gained knowledge in the field. Further, Mr. Lord attempted to get assignments from a number of people and companies that owned the copyrights in the older stories which had not fallen into the PD, attempting to obtain those rights for the Kuykendalls as well.
Due to the rule on previously unpublished work, Glenn’s efforts to retain copyrights, and the results of the settlement between Glenn Lord and the Baums, the Baums now own a sizable percentage of the copyrights in the works of REH, somewhere around two-thirds on a per item basis, significantly less on a per word basis, perhaps less than half, as a great deal of what they own is poetry, unfinished fragments, letters and short junvenalia, almost all either first published after 1964 or unpublished. Indeed, at the moment there are no works of REH published prior to 1963 that I can confidently point to as being owned by the Baums. A listing of some other owners, as best as can be discerned from Copyright Office records, is included below. There are almost certainly others to be found, and a thorough review of all works first published between 1963 and 1978 needs to be undertaken.
Eldred v. Ashcroft
A case currently before the US Supreme Court is Eldred v. Ashcroft. Eldred is attempting to get the latest copyright term extensions, and possibly other previous ones, declared unconstitutional. Numerous possible outcomes exist. At the least, if the court agrees with Eldred, the term on all the REH works still under copyright will shorten, and the earliest REH published works will begin falling into the PD immediately, if they are not already PD. It is also possible that a slightly different decision could move several more works into the PD as well. Oral arguments were held in early October 2002, and the decision of the Court is expected sometime in Spring 2003.
Non-US Copyrights
A thorough discussion of the application of non-US copyright law to the works of REH would be quite lengthy, and will be addressed on some other occasion. Only a few basic points will be addressed briefly here. Most English speaking countries (indeed, most countries in the world) are signatories to the Berne Convention, many for several decades. The US was one of the last to join, which prompted many of the significant changes in US copyright law embodied in the 1976 Act. Each country has slightly different variations in how they have implemented the treaty terms, and some have implemented only part of the called-for changes. For instance, for new works made today, the UK and the US grants copyright terms of life plus 70 years, while Australia and Canada grant life plus 50 years. Of significance to a discussion of REH works, the UK and Australia have adopted a Berne Convention rule known as the Rule of the Shorter Term, which states that non-citizens will be given the same copyright term as citizens, EXCEPT that they will not be given any term of copyright longer than they receive in their own country. This means that if the work is PD in the US, it is also PD in the UK and Australia. I have not yet ascertained whether Canada has adopted The Rule of the Shorter Term. In Canada, if that Rule does not apply, then all REH works published prior to 1/1/1999 get a term of pub date plus 50 years; for everything first published thereafter, or unpublished, the term of copyright expires at the end of 2003, meaning a high percentage of REH’s works will be PD in Canada in a little over a year. All the REH works first published prior to 1952 are already in the PD in Canada, and the same is true in Australia. December 31, 2006 is when most of the older REH works go PD in the UK, if they are not already. And of course the potential Eldred decision, as well as future research, could produce additional works that fall into the PD in the US, and thereby, in other countries as well.
Ongoing and Future Research
Last, note that the PD list is not necessarily complete. For pre-1978 works, a review of notices needs to be undertaken. There may be other technical imperfections found that will invalidate some copyrights. Further, ownership issues still abound to be reviewed, especially with works first published in the 1960s and 1970s, and changes may occur in the listing of owners of those stories as well. Some assignments may or may not be legally adequate. I may not have a complete listing of REH works that appeared in AMRA prior to 1964, none of which was renewed. I have not chased all sources for letters first published prior to 1964. I do not know how the various ownership interests in US copyrights effects non-US copyrights. Further, the pending Eldred decision could significantly alter the situation, making many more works PD. So consider this a list of what is known to date, with more knowledge to be gained later.
Comments and/or corrections are welcome.
Public Domain List for Robert E. Howard Works
(currently at 239 works)
Updated through 11-06-2002
Stories, Articles and Essays (147 total)
AFTER THE GAME, First appeared in the YELLOW JACKET, October 27, 1926
AHA! OR THE MYSTERY OF THE QUEEN’S NECKLACE, First appeared in THE TATTLER, March 1, 1923
ALLEYS OF DARKNESS, by “Patrick Ervin”, Alternative Title: ALLEYS OF SINGAPORE, Featuring DENNIS DORGAN, First appeared in MAGIC CARPET MAGAZINE, January, 1934
ALLEYS OF PERIL, Alternative Title: LEATHER LIGHTNING, Featuring STEVE COSTIGAN, First appeared in FIGHT STORIES, January 1931
ALMURIC, First appeared in serial form in WEIRD TALES: Part 1, May 1939; Part 2, June-July 1939; Part 3, August 1939
THE APACHE MOUNTAIN WAR, Featuring BRECKINRIDGE ELKINS, First appeared in: ACTION STORIES, December 1935
APPARITION IN THE PRIZE RING, by “John Taverel”, Alternative Title: THE SPIRIT OF TOM MOLYNEAUX, Featuring ACE JESSEL, First appeared in GHOST STORIES, April 1929
BEYOND THE BLACK RIVER, Featuring CONAN, First appeared in 2-part serial form in WEIRD TALES: Part 1, May 1935; Part 2, June 1935
BLACK CANAAN, First appeared in WEIRD TALES, June 1936
BLACK COLOSSUS, Featuring CONAN, First appeared in WEIRD TALES, June 1933
BLACK TALONS, Alternative Title: TALONS IN THE DARK, First appeared in STRANGE DETECTIVE STORIES, December 1933
BLACK VULMEA'S VENGEANCE, Featuring TERENCE VULMEA, First appeared in GOLDEN FLEECE, November 1938
THE BLOOD OF BELSHAZZAR, Featuring CORMAC FITZGEOFFREY, First appeared in ORIENTAL STORIES, Fall 1931
BLOW THE CHINKS DOWN!, Alternative Title: THE HOUSE OF PERIL, Featuring STEVE COSTIGAN, First appeared in ACTION STORIES, October 1931
BOOT-HILL PAYOFF, by Robert E. Howard & R.E. Allen, Alternative Title: THE LAST RIDE, First appeared in WESTERN ACES, October 1935
BREED OF BATTLE, Alternative Title: THE FIGHTIN'EST PAIR and SAMPSON HAD A SOFT SPOT, Featuring STEVE COSTIGAN, First appeared in ACTION STORIES, November 1931
THE BULL DOG BREED, Alternative Title: YOU GOT TO KILL A BULLDOG, Featuring STEVE COSTIGAN, First appeared in FIGHT STORIES, February 1930
THE CAIRN ON THE HEADLAND, First appeared in STRANGE TALES, January 1933
THE CHALLENGE FROM BEYOND, by Robert E. Howard, C.L. Moore, A Merritt, H.P. Lovecraft, & Frank Belknap Long, First appeared in FANTASY MAGAZINE, September 1935
CHAMP OF THE FORECASTLE, Alternative Title: CHAMP OF THE SEVEN SEAS; THE CHAMPION OF THE FORECASTLE, Featuring STEVE COSTIGAN, First appeared in FIGHT STORIES, November 1930
THE CHILDREN OF THE NIGHT, First appeared in WEIRD TALES, April-May 1931
CIRCUS FISTS, Alternative Title: SLUGGER BAIT, Featuring STEVE COSTIGAN, First appeared in FIGHT STORIES, December 1931
THE CONQUERIN' HERO OF THE HUMBOLTS, Alternative Title: POLITICS AT BLUE LIZARD, Featuring BRECKINRIDGE ELKINS, First appeared in ACTION STORIES, October 1936
CUPID FROM BEAR CREEK, Alternative Title: THE PEACEFUL PILGRIM, Featuring BRECKINRIDGE ELKINS, First appeared in ACTION STORIES, August 1935
CUPID VS. POLLUX, First appeared in THE YELLOW JACKET, February 10, 1927
DARK SHANGHAI, Alternative Title: ONE SHANGHAI NIGHT, Featuring STEVE COSTIGAN, First appeared in ACTION STORIES, January 1932
DESERT BLOOD, by “Sam Walser”, Alternative Title: REVENGE BY PROXY, Featuring WILD BILL CLANTON, First appeared in SPICY-ADVENTURE STORIES, June 1936
THE DEVIL IN IRON, Featuring CONAN, First appeared in WEIRD TALES, August 1934
THE DRAGON OF KAO TSU, by “Sam Walser”, Featuring WILD BILL CLANTON, First appeared in SPICY-ADVENTURE STORIES, September 1936
THE DREAM SNAKE, First appeared in WEIRD TALES, February 1928
DRUMS OF THE SUNSET, Alternative Title: RIDERS OF THE SUNSET, First appeared in THE CROSS PLAINS REVIEW, November 2, 9, 16, 23, 30, December 7, 14, 21, 1928; January 4, 1929 (9-part serial)
DULA DUE TO BE CHAMPION, First appeared in THE BROWNWOOD BULLETIN, July 18, 1928
EVIL DEEDS AT RED COUGAR, Featuring BRECKINRIDGE ELKINS, First appeared in ACTION STORIES, June 1936
FANGS OF GOLD, Alternative Title: PEOPLE OF THE SERPENT, Featuring STEVE HARRISON, First appeared in STRANGE DETECTIVE STORIES, February 1934
THE FEARSOME TOUCH OF DEATH, Alternative Title: THE TOUCH OF DEATH, First appeared in WEIRD TALES, February 1930
THE FEUD BUSTER, Featuring BRECKINRIDGE ELKINS, First appeared in ACTION STORIES, June 1935
THE FIRE OF ASSHURBANIPAL (fantasy version), First appeared in WEIRD TALES, December 1936
FIST AND FANG, Alternative Title: CANNIBAL FISTS, Featuring STEVE COSTIGAN, First appeared in FIGHT STORIES, May 1930
THE FOOTFALLS WITHIN, Featuring SOLOMON KANE, First appeared in WEIRD TALES, September 1931
THE GARDEN OF FEAR, Featuring JAMES ALLISON, First appeared in MARVEL TALES, July-August 1934
GATES OF EMPIRE, Alternative Title: THE ROAD OF THE MOUNTAIN LION, First appeared in GOLDEN FLEECE, January 1939
GENERAL IRONFIST, Featuring STEVE COSTIGAN, First appeared in JACK DEMPSEY'S FIGHT MAGAZINE, June 1934
A GENT FROM BEAR CREEK (Novel), Featuring BRECKINRIDGE ELKINS, First appeared in A GENT FROM BEAR CREEK, Jenkins, 1937
A GENT FROM BEAR CREEK (Short Story), Featuring BRECKINRIDGE ELKINS, First appeared in ACTION STORIES, October 1934
THE GHOST OF CAMP COLORADO, First appeared in TEXACO STAR, April 1931
THE GODS OF BAL-SAGOTH, Alternative Title: THE BLOND GODDESS OF BAL-SAGOTH, Featuring TURLOGH DUBH O’BRIEN, First appeared in WEIRD TALES, October 1931
“GOLDEN HOPE” CHRISTMAS, First appeared in THE TATTLER, December 22, 1922
THE GRISLY HORROR, Alternative Title: MOON OF ZAMBEBWEI, First appeared in WEIRD TALES, February 1935
GUNS OF THE MOUNTAIN, Featuring BRECKINRIDGE ELKINS, First appeared in ACTION STORIES, May-June 1934
HALT! WHO GOES THERE?, First Appeared in THE YELLOW JACKET, September 24, 1924
THE HAUNTED MOUNTAIN, Featuring BRECKINRIDGE ELKINS, First appeared in ACTION STORIES, February 1935
THE HAUNTER OF THE RING, First appeared in WEIRD TALES, June 1934
HAWKS OF OUTREMER, Featuring CORMAC FITZGEOFFREY, First appeared in ORIENTAL STORIES, Spring (April-May-June) 1931
HIGH HORSE RAMPAGE, Alternative Title: GENTS ON THE RAMPAGE, Featuring BRECKINRIDGE ELKINS, First appeared in ACTION STORIES, August 1936
THE HORROR FROM THE MOUND, First appeared in WEIRD TALES, May 1932
THE HOUR OF THE DRAGON, Alternative Title: CONAN THE CONQUEROR, Featuring CONAN, First appeared as a serial in WEIRD TALES: Part 1, December 1935; Part 2, January 1936; Part 3, February 1936; Part 4, March 1936; Part 5, April 1936
THE HYBORIAN AGE; Featuring CONAN, First appeared in THE PHANTAGRAPH, February 1936; THE PHANTAGRAPH, August, 1936; THE PHANTAGRAPH, October-November 1936 (3 part serial, incomplete, only goes up till the time of Conan)
THE HYENA, First appeared in WEIRD TALES, March 1928
THE IDEAL GIRL, First appeared in THE TATTLER, January 6, 1925
THE IRON MAN, Alternative Title: IRON MEN, FALL GUY, First appeared in FIGHT STORIES, June 1930
THE JEWELS OF GWAHLUR, Alternative Title: TEETH OF GWAHLUR; THE SERVANTS OF BIT-YAKIN, Featuring CONAN, First appeared in WEIRD TALES, March 1935
THE LION OF TIBERIAS, First appeared in THE MAGIC CARPET MAGAZINE, July 1933
LORD OF SAMARCAND, Alternative Title: THE LAME MAN, First appeared in ORIENTAL STORIES, Spring 1932
THE LOST RACE, Featuring BRAN MAK MORN, First appeared in WEIRD TALES, January 1927
THE MAN ON THE GROUND, First appeared in WEIRD TALES, July 1933
THE MIRRORS OF TUZUN THUNE, Featuring KULL, First appeared in WEIRD TALES, September 1929
THE MOON OF SKULLS, Featuring SOLOMON KANE, First appeared as a serial in WEIRD TALES: Part 1, June 1930; Part 2, July 1930
MOUNTAIN MAN, Featuring BRECKINRIDGE ELKINS, First appeared in ACTION STORIES, March-April 1934
MURDERER'S GROG, by “Sam Walser”, Alternative Title: OUTLAW WORKING, Featuring WILD BILL CLANTON, First appeared in SPICY-ADVENTURE STORIES, January 1937
NAMES IN THE BLACK BOOK, Featuring STEVE HARRISON, First appeared in SUPER-DETECTIVE STORIES, May 1934
"NO COWHERDERS WANTED", Alternative Title: GENTS IN BUCKSKIN, Featuring BRECKINRIDGE ELKINS, First appeared in ACTION STORIES, September 1936
THE PEOPLE OF THE BLACK CIRCLE, Featuring CONAN, First appeared as a serial in WEIRD TALES: Part 1, September 1934; Part 2, October 1934; Part 3, November 1934
PEOPLE OF THE DARK, First appeared in STRANGE TALES, June 1932
THE PHOENIX ON THE SWORD, Featuring CONAN, First appeared in WEIRD TALES, December 1932
PILGRIMS TO THE PECOS, Alternative Title: WEARY PILGRIMS ON THE ROAD, Featuring BRECKINRIDGE ELKINS, First appeared in ACTION STORIES, February 1936
PISTOL POLITICS, Featuring BRECKINRIDGE ELKINS, First appeared in ACTION STORIES, April 1936
THE PIT OF THE SERPENT, Alternative Title: MANILA MANSLAUGHTER, Featuring STEVE COSTIGAN, First appeared in FIGHT STORIES, July 1929
THE POOL OF THE BLACK ONE, Featuring CONAN, First appeared in WEIRD TALES, October 1933
THE PURPLE HEART OF ERLIK, by “Sam Walser”, Alternative Title: NOTHING TO LOSE, Featuring WILD BILL CLANTON, First appeared in SPICY-ADVENTURE STORIES, November 1936
QUEEN OF THE BLACK COAST, Featuring CONAN, First appeared in WEIRD TALES, May 1934
RED BLADES OF BLACK CATHAY, by Robert E. Howard & Tevis Clyde Smith, First appeared in ORIENTAL STORIES, February-March 1931
THE REFORMATION: A DREAM, First appeared in THE YELLOW JACKET, April 21, 1927
THE RIOT AT COUGAR PAW, Featuring BRECKINRIDGE ELKINS, First appeared in ACTION STORIES, October 1935
THE ROAD TO BEAR CREEK, Featuring BRECKINRIDGE ELKINS, First appeared in ACTION STORIES, December 1934
SAILOR'S GRUDGE, Alternative Title: COSTIGAN VS. KID CAMERA, Featuring STEVE COSTIGAN, First appeared in FIGHT STORIES, March 1930
THE SCALP HUNTER, Alternative Title: A STRANGER IN GRIZZLY CLAW, Featuring BRECKINRIDGE ELKINS, First appeared in ACTION STORIES, August 1934
THE SCARLET CITADEL, Featuring CONAN, First appeared in WEIRD TALES, January 1933
THE SHADOW KINGDOM, Featuring KULL, First appeared in WEIRD TALES, August 1929
THE SHADOW OF THE VULTURE, First appeared in THE MAGIC CARPET MAGAZINE, January 1934
SHADOWS IN THE MOONLIGHT, Alternative Title: IRON SHADOWS IN THE MOON, Featuring CONAN, First appeared in WEIRD TALES, April 1934
SHADOWS IN ZAMBOULA, Alternative Title: THE MAN-EATERS OF ZAMBOULA, Featuring CONAN, First appeared in WEIRD TALES, November 1935
SHARP'S GUN SERENADE, Alternative Title: EDUCATE OR BUST, Featuring BRECKINRIDGE ELKINS, First appeared in ACTION STORIES, January 1937
SHE DEVIL, by “Sam Walser”, Alternative Title: THE GIRL ON THE HELL SHIP, Featuring WILD BILL CLANTON, First appeared in SPICY-ADVENTURE STORIES, April 1936
THE SHEIK, First appeared in THE TATTLER, March 15, 1923
THE SIGN OF THE SNAKE, Featuring STEVE COSTIGAN, First appeared in ACTION STORIES, June 1931
SKULL-FACE, First appeared as a serial in WEIRD TALES: Part 1, October 1929; Part 2, November 1929; Part 3, December 1929
SLEEPING BEAUTY, First appeared in THE YELLOW JACKET, October 27, 1926
THE SLITHERING SHADOW, Alternative Title: XUTHAL OF THE DUSK, Featuring CONAN, First appeared in WEIRD TALES, September 1933
THE SLUGGER'S GAME, Featuring STEVE COSTIGAN, First appeared in JACK DEMPSEY'S FIGHT MAGAZINE, May 1934
SLUGGERS OF THE BEACH, Featuring STEVE COSTIGAN, First appeared in JACK DEMPSEY'S FIGHT MAGAZINE, August 1934
SOME PEOPLE WHO HAVE HAD INFLUENCE OVER ME, First appeared in THE GHOST, May 1945
THE SOWERS OF THE THUNDER, First appeared in ORIENTAL STORIES, Winter 1932
TEXAS FISTS, Alternative Title: SHANGHIED MITTS, Featuring STEVE COSTIGAN, First appeared in FIGHT STORIES, May 1931
TEXAS JOHN ALDEN, by “Patrick Ervin”, Alternative Title: A RINGTAILED TORNADO, Featuring BRECKINRIDGE ELKINS (PIKE BEARFIELD), First appeared in MASKED RIDER WESTERN, May 1944
THE THESSALIANS, First appeared in THE YELLOW JACKET, January 13, 1927
THE THING ON THE ROOF, First appeared in WEIRD TALES, February 1932
A THUNDER OF TRUMPETS, by Robert E. Howard & Frank Thurston Torbett, First appeared in WEIRD TALES, September 1938
THE TNT PUNCH, Alternative Title: WATERFRONT LAW; THE WATERFRONT WALLOP, Featuring STEVE COSTIGAN, First appeared in ACTION STORIES, January 1931
THE TOMB'S SECRET, by “Partrick Ervin”, Alternative Title: TEETH OF DOOM, Featuring BROCK ROLLINS, First appeared in STRANGE DETECTIVE STORIES, February 1934
THE TOWER OF THE ELEPHANT, Featuring CONAN, First appeared in WEIRD TALES, March 1933
THE TREASURES OF TARTARY, Alternative Title: GOLD FROM TARTARY, Featuring KIRBY O’DONNELL, First appeared in THRILLING ADVENTURES, January 1935
UNHAND ME, VILLIAN, First appeared in THE TATTLER, February 15, 1923
untitled story (The wind from the Mediterranean wafted. . .), First appeared in AMRA, Vol. 2, No. 7, November 1959
THE VALLEY OF THE WORM, Featuring JAMES ALLISON, First appeared in WEIRD TALES, February 1934
VIKINGS OF THE GLOVES, Alternative Title: INCLUDING THE SCANDINAVIAN!, Featuring STEVE COSTIGAN, First appeared in FIGHT STORIES, February 1932
THE VOICE OF EL-LIL, Alternative Title: TEMPTRESS OF THE TOWER OF TORTURE AND SIN, First appeared in ORIENTAL STORIES, October-November 1930
THE VULTURES OF WHAPETON, Alternative Title: THE VULTURES OF TETON GULCH; THE VULTURES, First appeared in SMASHING NOVELS MAGAZINE, December 1936 (printed with 2 endings)
THE WANDERING YEARS, First appeared in THE GHOST, May 1945
WAR ON BEAR CREEK, Featuring BRECKINRIDGE ELKINS, First appeared in ACTION STORIES, April 1935
WATERFRONT FISTS, Alternative Title: STAND UP AND SLUG!, Featuring STEVE COSTIGAN, First appeared in FIGHT STORIES, September 1930
WEEKLY SHORT STORY, Alternative Title: UNTITLED (I have been . . .), First appeared in THE YELLOW JACKET, November 3, 1926
WEST IS WEST, First appeared in THE TATTLER, December 22, 1922
WHAT THE NATION OWES THE SOUTH, First appeared in THE BROWNWOOD BULLETIN, May 26, 1923
WHILE SMOKE ROLLED, Featuring BRECKINRIDGE ELKINS or PIKE BEARFIELD, Alternative Title: WHILE THE SMOKE ROLLED, First appeared in DOUBLE-ACTION WESTERN, December 1956
WINNER TAKE ALL, Alternative Title: SUCKER!, Featuring STEVE COSTIGAN, First appeared in FIGHT STORIES, July 1930
WITCH FROM HELL'S KITCHEN, Alternative Title: THE HOUSE OF ARABU, First appeared in AVON FANTASY READER #18, 1952
A WITCH SHALL BE BORN, Featuring CONAN, First appeared in WEIRD TALES, December 1934
WITH A SET OF RATTLESNAKE RATTLES, First appeared in LEAVES #1, Summer, 1937, THE HOWARD COLLECTOR #1, Summer 1961
WORMS OF THE EARTH, Featuring BRAN MAK MORN, First appeared in WEIRD TALES, November 1932
YE COLLEGE DAYS, First appeared in THE YELLOW JACKET, January 20, 1927
POETRY (70 total)
ALWAYS COMES EVENING, First Appeared In THE PHANTAGRAPH, August 1936
ARKHAM, First Appeared In WEIRD TALES, August 1932
AUTUMN, Alternate Title: A DREAM OF AUTUMN; THE AUTUMN OF THE WORLD, First Appeared In WEIRD TALES, April 1933
BABEL, First Appeared In FANTASY FAN, January 1935
BUT THE HILLS WERE ANCIENT THEN, Alternate Title: Originally untitled, First Appeared In AMRA, Vol. 2, #8, November-December 1959
DEAD MAN'S HATE, First Appeared In WEIRD TALES, January 1930
DESERT DAWN, First Appeared In WEIRD TALES, March 1939
THE DREAM AND THE SHADOW, First Appeared In WEIRD TALES, September 1937
DREAMING ON DOWNS, First Appeared In POET’S SCROLL, April 1929
DREAMS OF NINEVEH, First Appeared In GOLDEN ATOM, 20TH Anniversary Issue, 1959-1960
EASTER ISLAND, First Appeared In WEIRD TALES, December 1928
EMPIRE'S DESTINY, by “Patrick Howard”, Alternate Title: OH BABYLON, LOST BABYLON, First Appeared In POET’S SCROLL, June 1929
FABLES FOR LITTLE FOLKS, First Appeared In DANIEL BAKER COLLEGIAN, March 15, 1926
FORBIDDEN MAGIC, First Appeared In WEIRD TALES, July 1929
FRAGMENT, First Appeared In WEIRD TALES, December 1937
FUTILITY (I, Time races on . . .), First Appeared In DANIEL BAKER COLLEGIAN, May 25, 1926
FUTILITY (II, Golden goats . . .), Alternate Title: MOONLIGHT ON A SKULL, First Appeared In WEIRD TALES, November 1937
THE GATES OF NINEVEH, First Appeared In WEIRD TALES, July 1928
THE GHOST KINGS, First Appeared In WEIRD TALES, December 1938
THE HARP OF ALFRED, First Appeared In WEIRD TALES, September 1928
HAUNTING COLUMNS, First Appeared In WEIRD TALES, February 1938
THE HILLS OF KANDAHAR, First Appeared In WEIRD TALES, June-July 1939
ILLUSIONS, First Appeared In DANIEL BAKER COLLEGIAN, March 15, 1926
KID LAVIGNE IS DEAD, First Appeared In THE RING, June 1928
THE KING AND THE OAK, First Appeared In WEIRD TALES, February 1939
THE KISSING OF SAL SNOOBOO, First Appeared In THE TATTLER, January 6, 1925
A LADY’S CHAMBER, First Appeared In AMERICAN POET, April 1929
THE LAST DAY, Alternate Title: THE LAST HOUR, First Appeared In WEIRD TALES, March 1932
THE LAST HOUR, Alternate Title: THE LAST DAY; SONNETS OUT OF BEDLAM, First Appeared In WEIRD TALES, June 1938
LINES WRITTEN IN THE REALIZATION THAT I MUST DIE, First Appeared In WEIRD TALES, August 1938
THE MAIDEN OF KERCHEEZER, First Appeared in THE PROGRESS, February 1, 1924
MOON MOCKERY, First Appeared In WEIRD TALES, April 1929
MOONLIGHT ON A SKULL, Alternate Title: FUTILITY (“Golden goats . . .”), First Appeared In WEIRD TALES, May 1933
THE MOOR GHOST, First Appeared In WEIRD TALES, September 1929
THE ONE BLACK STAIN, First Appeared In THE HOWARD COLLECTOR #2, Spring 1962
ONE WHO COMES AT EVENTIDE, First Appeared In MODERN AMERICAN POETRY, edited by Gerta Aison, Galleon Press, 1933
AN OPEN WINDOW, First Appeared In WEIRD TALES, September 1932
THE POETS, First Appeared In WEIRD TALES, March 1938
PRIVATE MAGRATH OF THE A.E.F., First Appeared In THE YELLOW JACKET, January 13, 1927
REBELLION, First Appeared In POET’S SCROLL, February 1929
RED THUNDER, First Appeared In JAPM: THE POETRY WEEKLY, September 16, 1929
THE RIDE OF FALUME, First Appeared In WEIRD TALES, October 1927
THE RIDERS OF BABYLON, First Appeared In WEIRD TALES, January 1928
ROUNDELAY OF THE ROUGHNECK, First Appeared In DANIEL BAKER COLLEGIAN, April 12, 1926
RULES OF ETIQUETTE, First Appeared in THE PROGRESS, February 1, 1924
THE SEA, First Appeared In THE BAYLOR UNITED STATEMENT, Spring 1923
SHADOW OF DREAMS, Alternate Title: STAY NOT FROM ME, First Appeared In POET’S SCROLL, August 1929
SHADOWS ON THE ROAD, First Appeared In WEIRD TALES, May 1930
SHIPS, First Appeared In WEIRD TALES, July 1938
THE SINGER IN THE MIST, Alternate Title: One of the SONNETS OUT OF BEDLAM, First Appeared In WEIRD TALES, April 1938
THE SKULL IN THE CLOUDS, Alternate Title: REUBEN’S BIRTHRIGHT, First Appeared In THE JUNTO, August 1929; THE HOWARD COLLECTOR #2, Spring 1962
SKULLS AND DUST, First Appeared In AMERICAN POET, May 1929
SOLOMON KAN’S HOMECOMING (original), First Appeared In FANCIFUL TALES, Fall 1936
SONG AT MIDNIGHT, Alternate Title: MAN, THE MASTER, First Appeared In THE PHANTAGRAPH, August 1940
THE SONG OF A MAD MINSTREL, First Appeared In WEIRD TALES, February-March 1931
THE SONG OF THE BATS, First Appeared In WEIRD TALES, May 1927
A SONG OUT OF MIDIAN, Alternate Title: SANG THE KING OF MIDIAN, First Appeared In WEIRD TALES, April 1930
SONORA TO DEL RIO, First Appeared In THE HOWARD COLLECTOR #1, Summer 1961
THE SOUL-EATER, Alternate Title: One of the SONNETS OUT OF BEDLAM, First Appeared In WEIRD TALES, August 1937
SURRENDER (I will rise . . .), Alternate Title: THE ROAD TO REST, First Appeared In THE JUNTO, August 1929; THE HOWARD COLLECTOR #3, Fall 1962
TARANTELLA, First Appeared In DANIEL BAKER COLLEGIAN, May 25, 1926
THE TEMPTER, First Appeared In CROSS PLAINS REVIEW, June 18, 1937
TIDES, First Appeared In CONTEMPORARY VERSE, September 1929
TO A WOMAN (Though fathoms deep . . .), First Appeared In MODERN AMERICAN POETRY, edited by Gerta Aison, Galleon Press, 1933
THE VOICES WAKEN MEMORY, Alternate Title: A DRUM BEGINS TO THROB; OUT OF THE DEEP, First Appeared In FANTASY FAN, September 1934
WHICH WILL SCARCELY BE UNDERSTOOD, First Appeared In WEIRD TALES, October 1937
LETTERS (22 total)
Letter to the Editor, ADVENTURE, March 20, 1924
Letter to the Editor, ADVENTURE, August 20, 1924
Letter (Here Is My Opinion On The Greatest Heavyweights . . .), THE RING, April 1926
Letter to the Eyrie, WEIRD TALES, June 1927
Letter to the Eyrie, WEIRD TALES, May 1928
Letter (Tunney Can't Win.), FORT WORTH STAR-TELEGRAM, July 20, 1928
Letter to the Eyrie, WEIRD TALES, November 1929
Letter to the Eyrie, WEIRD TALES, April 1930
Letter to the Eyrie, WEIRD TALES, January 1931
Letter to the Eyrie, WEIRD TALES, March 1932
Letter to the Eyrie, WEIRD TALES, July 1932
Letter to the Editor, THE FANTASY FAN, December 1933
Letter to the Editor, THE FANTASY FAN, January 1934
Letter to the Editor, THE FANTASY FAN, May 1934
Letter to the Eyrie, WEIRD TALES, June 1936
Letter to the Editor, THE CALIFORNIAN, Summer 1936
Letter (In your last letter you asked me to give you . . .), THE GHOST, May 1945
Letter (I've eventually found time to answer your cards.), THE GHOST, May 1945
Letter (Sorry to hear Pawang Ali has been banished.), THE GHOST, May 1945
Letter (Glad You-All Liked “She Devil”.), THE GHOST, May 1945
Letter (Well, Harold, how did you like my story . . .), THE HOWARD COLLECTOR, Spring, 1962
Letter (Your stationery is alright.), THE HOWARD COLLECTOR, Autumn 1962
THE WEIRD TALES COPYRIGHTED SET
This set of stories was owned by Color Printing Corporation, who dissolved in 1959, no assignments from this last owner listed in the Copyright Office, current owners unknown.
5 works.
WOLFSHEAD, First appeared in WEIRD TALES, April 1926
REMEMBRANCE (v), First Appeared In WEIRD TALES, April 1928
THE JOEL FRIEMAN SET
A few pulp magazines were originally owned by Frank A. Munsey Company (Argosy) or Popular Publications (Star Western and Dime Sports Magazine). Munsey sold out to Popular Publications, who went bankrupt, and the copyrights were purchased out of the bankruptcy court by a gentlemen named Joel Frieman, who appears to be the current owner of these copyrights. Mr. Frieman refused to sell the rights to Glenn. Mr. Frieman did suggest to me via personal correspondence that he would possibly consider selling them for $2000 per story. This matter has already been passed on to the Baums for their own consideration.
9 works.
CROWD-HORROR, First appeared in ARGOSY ALL-STORY WEEKLEY, July 20, 1929
Letter to the Editor, ARGOSY ALL-STORY WEEKLY, July 20, 1929
THE DEAD REMEMBER, First appeared in ARGOSY, August 15, 1936
A GENT FROM THE PECOS, Alternative Title: SHAVE THAT HAWG!, Featuring PIKE BEARFIELD, First appeared in ARGOSY, October 3, 1936
GENTS ON THE LYNCH, Featuring PIKE BEARFIELD, First appeared in ARGOSY, October 17, 1936
IRON-JAW, Alternative Title: FISTS OF THE DESERT, First appeared in DIME SPORTS MAGAZINE, April 1936
THE RIOT AT BUCKSNORT, Featuring PIKE BEARFIELD, First appeared in ARGOSY, October 31, 1936
VULTURE'S SANCTUARY, First appeared in ARGOSY, November 28, 1936
THE STREET AND SMITH ASSIGNMENT SET
Street & Smith published a number of different pulps, including some that contained REH stories. Conde Nast bought out Street and Smith. Conde Nast renewed all of its copyrights in the various S&S pulp magazines that contained REH stories. Glenn tried to obtain an assignment of the REH stories back to Ms. Kuykendall. Instead, S&S assigned the stories to “The Estate of Robert E. Howard, c/o Glenn Lord”. The Estate of REH was dissolved in 1936, and hence this is a defective assignment. At least two possible claimants, the Baums and Conde Nast, but which is correct has not yet been ascertained.
9 works.
BLOOD OF THE GODS, Featuring EL BORAK, First appeared in TOP-NOTCH, July 1935
COLLEGE SOCKS, Alternative Title: A STUDENT OF SOCKOLOGY, Featuring KID ALLISON, First appeared in SPORT STORY MAGAZINE, September 25, 1931
THE COUNTRY OF THE KNIFE, Alternative Title: SONS OF THE HAWK, Featuring EL BORAK, First appeared in COMPLETE STORIES
THE GOOD KNIGHT, Alternative Title: KID GALAHAD, Featuring KID ALLISON, First appeared in SPORT STORY MAGAZINE, December 25, 1931
A MAN-EATING JEOPARD, Featuring BUCKNER J. GRIMES, First appeared in COWBOY STORIES, June 1936
SWORDS OF SHAHRAZAR, Alternative Title: TREASURE OF SHAIBAR KHAN, Featuring KIRBY O’DONNELL, First appeared in TOP-NOTCH, October 1934
THE POPULAR LIBRARY SET
Some pulps were originally owned or bought out by Popular Library, Inc., and renewals made in their name. They no longer exist. The Copyright Office has no assignments recorded from them to anyone else. Glenn’s research came up with a person named Ned Pines, who in turn allegedly sold out to Warner Books. When Glenn called Warner Books, they had no idea what he was talking about. Current ownership unknown.
3 works.
BLACK WIND BLOWING, First appeared in THRILLING MYSTERY, June 1936
SON OF THE WHITE WOLF, Featuring EL BORAK, First appeared in THRILLING ADVENTURES, December 1936
THE HEALTH KNOWLEDGE, INC. SET
Health Knowledge, Inc. was the publisher of Startling Mystery Stories and Magazine of Horror, in the 1960s and 1970s. They filed appropriate registrations on all their books, had all notices in their name, and thereby most likely own all the REH items that made their first appearance therein. In 1977, HKI dissolved, possibly in bankruptcy, and there is no assignment listed in the Copyright Office showing who acquired the assets of the defunct corporation. Current ownership unknown.
13 works.
THE DWELLER OF DARK VALLEY (v), First appeared in MAGAZINE OF HORROR, #11, November 1965
DESTINATION (v), First appeared in MAGAZINE OF HORROR, #12, Winter 1965/66 VF
VALLEY OF THE LOST (Jim Brill licked his parched lips, . . .), Alternative Title: KING OF THE FORGOTTEN PEOPLE; First appeared in MAGAZINE OF HORROR, #13, Summer 1966
THE VALE OF LOST WOMEN, Featuring CONAN, First appeared in MAGAZINE OF HORROR, #15, Spring 1967
DERMOD’S BANE, First appeared in MAGAZINE OF HORROR, #17, Fall 1967
OUT OF THE DEEP, First appeared in MAGAZINE OF HORROR, #18, November 1967
THE YEARS ARE AS A KNIFE (v), First appeared in MAGAZINE OF HORROR, #19, January 1968
NOT ONLY IN DEATH THEY DIE (v), First appeared in MAGAZINE OF HORROR, #28, July 1969
SLUMBER (v), First appeared in MAGAZINE OF HORROR, #30, December 1969
THE NOSELESS HORROR, First appeared in MAGAZINE OF HORROR, #31, February 1970
A SONG OF DEFEAT (v), First appeared in MAGAZINE OF HORROR, #34, Fall 1970
A VISION (v), First appeared in STARTLING MYSTERY STORIES, Fall 1967