Never-Never Land?

The book contract reads:

> 2. "Ownership of Rights. Publisher shall own all right, title and
> interest in the Work, including, but not limited to, all copyrights
and
> trademarks. Author hereby irrevocably assigns and conveys to
Publisher
> all of Author's right, title and interest in the Work, including but
not
> limited to all copyrights (including any renewals and extensions
thereof).

Author signed it and received a returnable advance. Manuscript was to be submitted in two parts.

Author submitted first half of manuscript after obtaining extension of deadline. Publisher liked it but wanted the complete manuscript immediately. Publisher apparently granted deadline extension on expectation that whole manuscript would be submitted. When author explained he hadn't written the second half, publisher canceled contract and demanded advance. Publisher plans to use author's submission in a book completed by another writer.

My question is, who owns the rights to the first half of the manuscript? Doesn't the author own them?

• Mike Bradley www.techpubs.com