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Write it Right - Issue #14

Write it Right
Write it Right
Welcome to Issue #14 of Write it Right, where we dive into collaboration agreements and recent copyright law developments.

5 Tips for Collaboration Agreement
Before you even begin writing your book, you should enter into a collaboration agreement. Below are some tips:
  1. Determine who will write each portion of the book (and the proposal if necessary). Will you write chapters 1-8? Will you be writing the overview section or the chapter summaries of your proposal? This is more straightforward for authors and illustrators because one person usually writes and the other illustrates, but this can more complicated with two or more authors.
  2. Along those same lines, develop a plan for approving everything. If you both can’t agree, what happens? Think of having a third-party like your agent or editor make the final decision.
  3. This goes without saying but figure out how you will divide income. Usually it’s 50/50.
  4. Have a plan ready if one of you can’t complete the project. Are you okay with someone else stepping in? Does that third person receive income? If so, how much? Along those same lines, add provisions so that your estate will receive your income in the event you pass away.
  5. Determine how credit will appear on your book.
Case Law
Academic Publishers Obtain Preliminary Injunction to Stop Unauthorized Ebook Sales
More Copyright Law Updates
In Perea v. Editorial Cultural Inc., it was alleged that Editorial Cultural was committed copyright infringement after it was alleged it printed and sold 20,000 theatrical adaptations of two novels written by Enrique Laguerre. Laguerre’s heirs and Roberto Ramos Perea, the playwright who adopted Laguerre’s novels, brought the lawsuit against Editorial Cultural. The district court and First Circuit both initially dismissed Ramos as the copyright owner and entered judgment in favor of of Laguerre’s heirs. However, on appeal, the First Circuit entered an amended judgment in favor of Ramos, holding that the district court erred in concluding that Laguerre retained the right to print the adaptations at issue. You can view the case here: http://media.ca1.uscourts.gov/pdf.opinions/19-2119P-01A.pdf
Disclaimer: This newsletter is for informational purposes. It is not intended to be legal advice. If you have a legal question, contact an attorney near you.
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