Re: verbal vs. written agreements

>> I have question to ask you. Several years ago a friend of mine wrote a
>> number of books for the Italian Trade Commission (ICE) in Los Angeles
>> which were published by ICE Rome. The books were to be distributed for
>snip
>> friend never signed any agreement with ICE.
>
> Though your friend did not sign an agreement with ICE, he made an
> agreement, even if it was verbal and not written or, if written, not
> signed.
>
> That would have to be the starting point for the answer to your query.

The understanding we work under are that non-exclusive publication rights can be transferred without a written agreement, but that exclusive assignment of any portion of copyright requires a written (and signed) agreement. If that's actually true under US law, then unless it was a work-for-hire situation your friend should not have been interpreted as losing any rights except exclusivity. Then the question is whether it can be construed as a work-for-hire situation without any signed agreement.

As usual, I'm not a lawyer, this isn't legal advice, etc.

Yours,
  Michael Bernstein
  Cascadilla Press
  michael[_at_]cascadilla.com Received on Tue Oct 31 1995 - 15:03:44 GMT