What happens to the rights of copyright holders upon discontinuance of publication of a book?

[oohlalaw]

I am part of a small book publishing company in California. One of our titles is a biography that was co-written by the subject of the book (Author 1) and a partner in the publishing company (Author 2). Copyright Form TX lists both authors as copyright claimants, and both are also listed as copyright holders on the copyright page of the book.

If the book goes out of print and Author 1 finds another publisher to bring the book back into print (possibly with some updates added), is Author 2 entitled to any remuneration (royalties, etc.)?

Thanks.

 

[adjusterjack]

If the book goes out of print and Author 1 finds another publisher to bring the book back into print (possibly with some updates added), is Author 2 entitled to any remuneration (royalties, etc.)?

Depends on his contract with author #1.

 

[Zigner]

I am part of a small book publishing company in California. One of our titles is a biography that was co-written by the subject of the book (Author 1) and a partner in the publishing company (Author 2). Copyright Form TX lists both authors as copyright claimants, and both are also listed as copyright holders on the copyright page of the book.

If the book goes out of print and Author 1 finds another publisher to bring the book back into print (possibly with some updates added), is Author 2 entitled to any remuneration (royalties, etc.)?

Thanks.

Your corporate counsel should be able to advise you on this.

 

[zddoodah]

What happens to the rights of copyright holders upon discontinuance of publication of a book?

Nothing.

I am part of a . . . company

What does that mean? Are you a shareholder? Officer? Director? Employee?

One of our titles is a biography that was co-written by the subject of the book (Author 1) and a partner in the publishing company (Author 2).

This is confusing. Do you mean that the publishing company is a general or limited partnership and that Author 2 is one of the partners? If so, is it a general partnership or a limited partnership and, if the latter, is Author 2 a general partner or a limited partner?

If the book goes out of print and Author 1 finds another publisher to bring the book back into print (possibly with some updates added), is Author 2 entitled to any remuneration (royalties, etc.)?

Yes (unless there is a contract that says otherwise). Joint owners of a copyright are obligated to account to each other for proceeds of the exploitation of the work protected by the copyright.


Query: Since you're apparently neither Author 1 or Author 2, and since the publisher does not own a share of the copyright, why do you care?

 

[quincy]

I am part of a small book publishing company in California. One of our titles is a biography that was co-written by the subject of the book (Author 1) and a partner in the publishing company (Author 2). Copyright Form TX lists both authors as copyright claimants, and both are also listed as copyright holders on the copyright page of the book.

If the book goes out of print and Author 1 finds another publisher to bring the book back into print (possibly with some updates added), is Author 2 entitled to any remuneration (royalties, etc.)?

Thanks.

A joint work is defined by the Copyright Act as “a work prepared by two or more authors who intend to merge their contributions into inseparable or interdependent parts of the whole.” (17 USC section 101)

The authors of these joint works are treated under copyright law as having equal rights to register and enforce the copyright, and these authors share equally in the copyrights (i.e., to reproduce the work, to display or perform the work, to distribute the work, to prepare adaptations/derivatives of the work) - absent any agreement to the contrary.

And, absent any agreement to the contrary, any one of the coauthors may exercise their rights in the work without permission from the others, as long as they share equally with the other coauthor(s) any profits realized from the independent use of the joint/coauthored work.

 

[oohlalaw]

What does that mean? Are you a shareholder? Officer? Director? Employee?

This is confusing. Do you mean that the publishing company is a general or limited partnership and that Author 2 is one of the partners? If so, is it a general partnership or a limited partnership and, if the latter, is Author 2 a general partner or a limited partner?

Yes (unless there is a contract that says otherwise). Joint owners of a copyright are obligated to account to each other for proceeds of the exploitation of the work protected by the copyright.

Query: Since you're apparently neither Author 1 or Author 2, and since the publisher does not own a share of the copyright, why do you care?

It's a sole proprietorship (mom-and-pop).

This answered the question, thank you: "Yes (unless there is a contract that says otherwise). Joint owners of a copyright are obligated to account to each other for proceeds of the exploitation of the work protected by the copyright."

As for why we care, we are looking into this preemptively as Author 1 has breached the contract twice in the past, so we want to be sure of our rights should he try again if the book goes out of print. The pandemic has devastated our little publishing company, and we are thinking of closing it down within the next two years.

 

[quincy]

You will want all of the contracts personally reviewed in their entirety by an IP attorney in your area. We cannot analyze contracts here as that falls outside the scope of the forum and into the practice of law. Sorry.

 

[oohlalaw]

You will want all of the contracts personally reviewed in their entirety by an IP attorney in your area. We cannot analyze contracts here as that falls outside the scope of the forum and into the practice of law. Sorry.

Okay. Others were asking about the contract so that's why I added that info. Sorry, I didn't realize contract details fall outside the scope of the forum. I have removed that message. Thanks.

 

[quincy]

Okay. Others were asking about the contract so that's why I added that info. Sorry, I didn't realize contract details fall outside the scope of the forum. I have removed that message. Thanks.

Not a problem, although you really didn’t need to delete your post. We are pretty good at ignoring what needs to be ignored.

Most who come here aren’t aware of the constraints attorney-volunteers and other forum members are under when they answer questions here. We can provide general information but, for specifics, a poster must seek legal assistance from an attorney licensed to practice in their own jurisdiction.

If the author has already once before breached the terms of your contract, it is smart that you are looking now to address future problems that might arise if/when you dissolve your publishing business. You will want the copyright ownership clear so copyrights that are legitimately yours are preserved.

Good luck.