RE: Re: Never-Never Land?

> To help address your question, please provide us with the book
> contract's definition of "Work."

The Work is general non-fiction to be published as a trade paperback. It was accepted by the publisher following the author's submission of a book proposal. There's no question of WFH, if that's what you're getting at, and there is no other language in the contract that might provide guidance.

My question arises because, from my half-informed point of view, the rights to the submitted manuscript are suspended in never-never land. The submitted manuscript has not been accepted, which I believe argues for the author still holding the rights, but the contract says "author HEREBY assigns and conveys to publisher all of author's rights," which I fear might be a valid transfer of the rights.

Can a contract convey rights to a work that has not been created yet? My understanding is that it cannot, that one can only promise to convey the rights, which must be conveyed by a separate instrument after the work has been created. But I'm askin' ...

• Mike B

> 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
Received on Wed Apr 13 2005 - 00:55:02 GMT