RE: 50/50 book ownership dispute

From: KAPLAN, Menachem <MK[_at_]marval.com.ar>
Date: Tue, 21 Mar 2006 16:55:00 -0500

In short, if someone is threatening to sue you, you should get legal advice from a lawyer and IANYL and this email should not be construed as legal advice.  

That aside, if a person and that person's partner were co-authors under 17 USC § 101 (a fact dependant question; were they both working on the book for a company or a third party?), then that person should be looking at joint/co tenancy law in his/her jurisdiction as the partner may have an action for an accounting, not copyright infringement.  

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De: CNI-COPYRIGHT -- Copyright & Intellectual Property [mailto:CNI-COPYRIGHT[_at_]cni.org] En nombre de David Eckardt Enviado el: martes, 21 de marzo de 2006 13:45 Para: CNI-COPYRIGHT -- Copyright & Intellectual Property Asunto: [CNI-(C)] 50/50 book ownership dispute  

 I am 50% owner of a copyrighted book. My partner and I wrote, published, and distribute the book. Recently, that book sold out of its first printing. I wish to reprint, my partner does not. Through long negotiations, I have not been able to convince him of the value of a reprint. The book's material is somewhat time-sensitive and he thinks it is dated. It had to be reprinted to be available for sale this summer to be of value. Thinking further arguement futile, without telling him, I decided to reprint using my own money. Later, I told him what I did, but still offered him partnership in the profits of the book after it returned me my investment in the reprint. He declined all reasonable offers and threatens to sue over my "unlawful" pirating of his copyrighted property. He also claims that reprinting the book without his permission was illegal. What would be anybodies take on this?

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Received on Wed Mar 22 2006 - 02:55:00 GMT