What legal actions do I need to take before publishing my deceased grandfather's manuscripts?

Assuming that you are the rightful heirs to this literary property, the action you need to take will depend upon when the manuscripts were written and if they were registered or published in the US prior to 1976 or anywhere else in the world. US Copyright law has changed drastically over the past few decades so the current term of copyright protection (life of the author plus 70 years) may not apply in your case. Contact a copyright attorney to determine the status of these works and whether your transcription can be copyrighted.

This is a complex question and has many things to consider. I will outline the basics of what you have to investigate. Who owns the rights? Make sure you have the rights or permission to do this. If your grandmother is still alive and they were still married when he died, then depending upon what the will said she may have the copyrights. Did he ever file for a copyright? Did he ever publish it even in another language? What year did he write the documents? What years copyright laws do the various manuscripts fall under? Etc.

The main way to be sure you are protected before publishing is to file a copyright application with the federal government. You already have some protection before filing, but it is very weak and infringers will not usually be punished much for copying. If you have a copyright registration then damages can be up to $150,000 per infringement (per copy of the book they sell) and that can add up very fast. You can file your own copyright application at www.copyright.gov for $35, but there is a good chance that you will make a mistake and not be protected the way you want. You can have an attorney prepare and file the application for you for between about $400 - $600 typically. Our charge for that is $480 and it usually takes about 2 - 3 weeks to prepare and file the application.