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The following is in a contract between an author and publisher. If the author dies and her partner, who inherits the rights to author's works, finishes a new story the two were working on and wants to publish, does the live co-author have to submit the story to the deceased co-author's existing publisher under the terms of the deceased co-authors contract? 10. SUBSEQUENT WORKS The Author grants to the Publisher an option to publish the subsequent fictional work in novel form that she may produce. The Author undertakes to submit to the Publisher the manuscript of such work. Publisher shall have the option for a period of six weeks (or six weeks after release of previous title if it has not been released as of this date) to review and accept the Author’s Next Work on terms mutually agreed upon by both the Author and the Publisher. In the event that the Publisher and the Author have not agreed to such terms during that period, the Author shall be free to submit such Next Work to another
Already Tried: 11. DURATION OF AGREEMENT This Agreement shall be binding on and inure to the benefit of the heirs, executors, administrators and assigns of both parties and shall continue for the duration of the original copyright of the Work, of copyrights of all revisions and abridgements and of all proceeds there from. This is the death clause. Also, Contract does not appear to have an expiration date.
It does not appear so, from this section, unless the "Author" is previously defined as whomever is holding the rights to all derivative works and existing works at the time of this agreement. EDIT: Your "already tried" section appeared empty as I attempted to answer your question. In that situation, since the co-Author can be held to be a co-assignor, then the co-Author would have to contact the publisher. After that point, however, the co-Author would be able to end the contract if necessary. Sincerely, XXXXX XXX.Dimitry Alexander Kaplun40028.0655150463
Mr. Kaplun, Could you make your response a little clearer. The Author has a contract on one book with the Publisher having a first right of refusal (in essence to future Works). The Author has been identified by her real name and pen name. The partner is not a part of the contract. Her partner now wishes to finish a story started by the Author in print and have the book published by a different publisher naming the original author and the finishing author as co-authors. So, back to my question. Does the finishing author need to submit the Works to the old publisher or is she free to submit to any publisher? I know you presented an answer but I really didn't understand it. Thanks
Absolutely, please allow me to explain further. The moment the co-Author (Author 2) begins working with anything created by the original Author (Author 1), the Publisher may argue that contractually anything done was a derivative work of Author 1 and those works were assigned to the Author 2, hereby triggering clause 11 of the agreement. In that case Author 2, since she is using part of the original works of Author 1, would have to submit the works to the old publisher first. In essence, if Author 1 created a character named "Bob", and that character is used by Author 2 with permission, "Bob" was assigned to Author 2 for use. Please let me know if I need to explain further. Sincerely, Dimitry Alexander Kaplun, Esq.
Thank you for your patience. I know this is convoluted a bit but how can the Publisher make Author 2 sign a contract? Could not Author 2 simply refuse any terms offered by the Publisher thus activating the last sentence of 10: Subsequent Works paragraph? I realize this is getting more detailed and will adjust the agreed upon price accordingly as is what normally happens when I contact your group for opinions.
I will be happy to explain further The publisher does not have to make Author 2 sign anything. Technically, under pure contract law, when someone "assigns" their rights to an another, the assignee (the new party) "steps into the shoes" of the original party and is held by the same standard as if she were the original party in front of the party still left in the agreement (in your case the publisher). Yes, Author 2 may follow the same rules as Author 1 under clause 10, but first, Author 2 must still provide the opportunity to the Publisher to either accept or refuse the work under that same clause. Please let me know if I can further assist. I realize this stuff is pretty dense and I want to make sure I properly explained the contractual obligations to you. Sincerely, Dimitry Alexander Kaplun, Esq.
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