Despite several claims to the contrary, there is currently no evidence that any company or individual owns the copyright to any of Lovecraft's works, and it is generally accepted that it has passed into the public domain.[272] Lovecraft specified that R. H. Barlow would serve as the executor of his literary estate,[273] but these instructions were not incorporated into his will. Nevertheless, his surviving aunt carried out his expressed wishes, and Barlow was given control of Lovecraft's literary estate upon his death. Barlow deposited the bulk of the papers, including the voluminous correspondence, in the John Hay Library, and attempted to organize and maintain Lovecraft's other writings.[274] Lovecraft protégé August Derleth, an older and more established writer than Barlow, vied for control of the literary estate. He and Donald Wandrei, a fellow protégé and co-owner of Arkham House, falsely claimed that Derleth was the true literary executor.[275] Barlow capitulated, and later committed suicide in 1951.[276] This gave Derleth and Wandrei complete control over Lovecraft's corpus.[277]
On October 9, 1947, Derleth purchased all rights to the stories that were published in Weird Tales. However, since April 1926 at the latest, Lovecraft reserved all second printing rights to stories published in Weird Tales. Therefore, Weird Tales only owned the rights to at most six of Lovecraft's tales. If Derleth legally obtained the copyrights to these tales, there is no evidence that they were renewed before the rights expired.[278] Following Derleth's death in 1971, Donald Wandrei sued his estate to challenge Derleth's will, which stated that he only held the copyrights and royalties to Lovecraft's works that were published under both his and Derleth's names. Arkham House's lawyer, Forrest D. Hartmann, argued that the rights to Lovecraft's works were never renewed. Wandrei won the case, but Arkham House's actions regarding copyright have damaged their ability to claim ownership of them.[279]
In H. P. Lovecraft: A Life, S. T. Joshi concludes that Derleth's claims are "almost certainly fictitious" and argues that most of Lovecraft's works that were published in the amateur press are likely in the public domain. The copyright for Lovecraft's works would have been inherited by the only surviving heir named in his 1912 will, his aunt Annie Gamwell.[280] When she died in 1941, the copyrights passed to her remaining descendants, Ethel Phillips Morrish and Edna Lewis. They signed a document, sometimes referred to as the Morrish-Lewis gift, permitting Arkham House to republish Lovecraft's works while retaining their ownership of the copyrights.[281] Searches of the Library of Congress have failed to find any evidence that these copyrights were renewed after the 28-year period, making it likely that these works are in the public domain.[282] However, the Lovecraft literary estate, reconstituted in 1998 under Robert C. Harrall, has claimed that they own the rights. They have been based in Providence since 2009 and have been granting the rights to Lovecraft's works to several publishers. Their claims have been criticized by scholars, such as Chris J. Karr, who has argued that the rights had not been renewed.[283] Joshi has withdrawn his support for his conclusion, and now supports the estate's copyright claims.[284]
