Legal Question in Entertainment Law in California
Ancillary Rights in a publishing contract
Client signs a collaboration agreement co-author to write a book. The collaboration agreement states that the two co-authors will share royalties 50/50 and any ''ancillary rights.'' Client later enters into licensing deal to sell audio tapes, videotapes, and a workbook along with copies of the book purchased from the publisher. The co-author gives permission for this work and signs a licensing agreement. The co-author later exercises her termination rights under the terms of the licensing agreement. Client purchases remaining inventory at a distress sale and resells the books, audiotapes, videotapes and workbook. Co-author now wants 50% of the sale proceeds claiming these are her ancillary right under the collaboration agreement. Judge wants to know what the hell ''ancillary rights'' are in the context of a publishing agreement and wants citations to authority. Any authroity any of you experts could give would be appreciated. This case has been dragging on since 1986. Thank you.
1 Answer from Attorneys
Re: Ancillary Rights in a publishing contract
It would mean what the parties to the contract intended it to mean, believed it to mean, or if each believed it to mean diferent things, what the court decides it means.
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