As a rule, the contract of a publishing house is either a 50-50 division between two authors, or it will be a contract between the publisher and a single author, so the other author must rely exclusively on an author co-agreement (the latter is most likely for specialized books). That is, don`t wait for the publisher`s contract or rely on it to describe what you need to do when writing the book. Do you know, for example, who the name comes to first on the book or under what name you are going to write? Do you know who is responsible for the delivery and the material? Do you know how soon you will be working? A professional author who is working on a book „as I said“ might want to try a provision that says that if the subject gets cold on his feet and withdraws, the author does not have to repay his share in advance. One question is who has the right to exploit the material already written if the project is interrupted or if the staff decides not to cooperate. If the authors` contributions are easily divisible (e.g. B John wrote chapters 1-9; Albert wrote chapters 10 – 14), the simple solution is for each author to receive exclusive custody of his respective materials. Things get more complicated when authors` contributions are not easily divisible, if an author is fired before the parties have signed with a publishing house, or someone is hired to end what the outgoing employee started. Depending on the facts, there are different possibilities, including the purchase of already prepared materials (for example. B the book proposal). Sometimes the buy-out reflects a premium for the outgoing author or author who agrees not to compete with the work in the work. If the authors` contributions have been merged (i.e.
there is no practical way to separate and restore everyone`s rights), a cooperation agreement could help them solve the problem. One way to deal with this scenario is to state in the cooperation agreement that „neither party may use the work or any part thereof in a partisan manner without the prior written permission of the others.“ In the competitive world of publishing, it is not realistic to give each co-author the right to freely use the merged pieces, as publishers want „exclusive“ rights for publication. There are a few main reasons why a cooperative agreement is needed before authors begin an author co-relationship, Gillen said. One of these reasons is that the standard rules of U.S. copyright law state that a „joint work is a work made by two or more authors for the purpose of combining their contributions into inseparable or interdependent parts of a single whole,“ and „The authors of a joint work are co-owners of a copyright in the work.“ This means that as a co-owner, each author has an undivided proportional interest in the entire work. The essence of the cooperation agreement is copyright. In the absence of a written agreement, cooperation between two persons has a good chance that the next work will be considered a joint work The formal legal definition of a „joint work“ is „a work made by two or more authors for the purpose of merging their contributions into inseparable or interdependent parts of a single whole“ (Copyright Act 1976, Section 101). . . . .