Discussion:
What is the name of your state? CA
Years ago I co-wrote 3 books with a friend. These books are updated each year. We agreed initially to split profits 50/50. All administration is done out of my business, a sole proprietor, and my friend does not assist in the day-to-day operation (e.g., shipping, sales, marketing, etc.). We never mailed in a copyright or applied for an ISBN number, but each book has my business listed as the copyright holder. About 3 years ago my friend lost interest and does not help me update them much (she does about 15% of the updating); but I continue to send her 50% of the profits.
I would like to end our business relationship and continue updating and selling the books without her. We never signed a formal agreement and I want to make sure what I do is legal. I hinted this to her, but I don't think she'll let me out of the deal that easy.
Is it legal to change the titles of the books and update them on my own, with no royalties to her? If this is not legal, should I offer her a buyout? If so, is there a formula to determine how much?
Please help me get out of this agreement, it is not working for me but I love writing.
Answer:
So, let me get this straight.
You performed 50% of the work.
You had a gun to your head and were forced to do extra minor work to update and 'administer' these books.
You have an 'agreement'
And now you want to ignore this agreement, strip the co-author of their rights and steal the profits for youself.
Am I close?
Answer:
Yes, you are kind of close. The problem is that the books are updated extensively each year when the laws change. My friend does not help with any of the updating. When I research the new rules and regulations, pay for word processing, desktop publishing and printing, she does nothing. The books are resold in their entirety each year. Should I keep paying her 50% for the rest of my life?
Is it legal to walk away from these book and just write similar ones?
Answer:
Yes, you are kind of close. The problem is that the books are updated extensively each year when the laws change. My friend does not help with any of the updating. When I research the new rules and regulations, pay for word processing, desktop publishing and printing, she does nothing. The books are resold in their entirety each year. Should I keep paying her 50% for the rest of my life?
Is it legal to walk away from these book and just write similar ones? Those are questions you need a discuss with an attorney who can review the entire situation.
I would suggest you think about purchasing the copyright portion of your partner if possible. Then, these issues are irrelevant.
Answer:
Okay. I "might" seek legal counsel. But if two authors of a periodical split and one no longer performs, can the one performing author retitle the publication and continuing selling it? Even if he does a total rewrite?
Answer:
Okay. I "might" seek legal counsel. But if two authors of a periodical split and one no longer performs, can the one performing author retitle the publication and continuing selling it? Even if he does a total rewrite? You are asking a question that, as I said earlier, requires a full review of not only the material published, but the resulting by-product and any and all 'understandings' between the parties.
However, I can tell you that the amount of ancilliary work has no effect on copyright standing. And THAT is where you are headed, a copyright violation.
Answer:
Is it legal to walk away from these book and just write similar ones? If you are one of the authors of the original books, and you retain an ownership interest in the copyrights, then yes, you could write the "similar" books. In essence, you have given yourself the right to copy the books or prepare derivative works.
Answer:
Okay. I "might" seek legal counsel. But if two authors of a periodical split and one no longer performs, can the one performing author retitle the publication and continuing selling it? Even if he does a total rewrite? Yes, anyone who is an owner of the copyright can do so. You can spin off and do your own thing -- however, the other author could also spin off and do his or her own thing.
The one caveat is if the "partnership" has acquired any trademark rights to the name of the periodical or to the "look and feel" of the periodical -- than there may be some sticky issues IF the other party decided to make a stink about it.
But from a copyright perspective, as a copyright owner, you are free to do just about whatever you want with your copyrighted works WITHOUT having to ask permission from the other co-owners. The one exception is that you cannot commit "waste" or otherwise devalue the original copyright. And, as you've already noticed, if you simply sell or distribute or license a work that is co-owned, then you will owe the co-owner a share of the profits.
But if you create your own works, even if they are based on the co-owned works, you do not have to involve the original co-owner at all. Of course, they could also go ahead and use the works as THEY see fit as well, so BB's suggestion that you try and negotiate the purchase of the other person's rights may be the best bet in the long run.