RE: Being Cut Out of the Picture

I can't speak to the legality of the contract and its implications (far over my head) but my gut instinct is to say not to destroy any of your documentation. Like you said it's your only proof of your contribution, which I would say is copyrightable...unless there is something in the contract that specifically mentions copyright and final deposition of created materials.  

Not even close to a legal opinion, but my opinion...  

June L. Power, MLIS
Access Services/Reference Librarian
"It was government by discussion that broke the bond of ages and set free the originality of mankind."

• Adlai Stevenson, 1956

 <http://unclassifiablelibrarian.blogspot.com/>  

From: CNI-COPYRIGHT -- Copyright & Intellectual Property [mailto:CNI-COPYRIGHT[_at_]cni.org] On Behalf Of Robert S. Nahas Sent: Tuesday, June 21, 2005 1:35 PM
To: CNI-COPYRIGHT -- Copyright & Intellectual Property Subject: [CNI-(C)] Being Cut Out of the Picture

Hello,
I recently wrote a manuscript for a private client in a collaborative relationship. It is a memoir based on the client's life. After giving the client the manuscript in its completed form, prior to the minor editing and proofing it needed, they decided to cut me out of the picture based on a loophole in the contract. Whether this loophole is legitimate and would actually win in court or not is not of importance to me at this point.  

The client has not asked for their money back. This is because, I suspect, they want to move forward with it without having to validate or pay me my due share if the story were to be a money-maker.  

I am being "ordered" by their attorney to destroy all documentation on my hard drive, printed matter, etc. and to show evidence of this. But this would eradicate all proof of my connection and input to the project. Is this request appropriate?  

What is important to me at this point is whether I have copyright ownership for my (major) contribution to this writing project? The contract states, clearly, that the copyright is owned 50%-50% with author and writer. My understanding is that with or without contract, it is the person who writes it down that is the copyright owner. Is this correct? Also, can I submit it to the Library of Congress without the client's permission as long as I have both of our names on it as co-owners? And If I did so, would this substantiate my position if, down the road, they attempt to conjure a book or movie deal behind my back?  

Sincerely,
Robert Received on Wed Jun 22 2005 - 02:10:01 GMT