Legal Question in Entertainment Law in California
CoAuthor copyright regarding spin-off products
Re: co-author agreement to write a humor book with another
person based on their concept. Call the concept ''MonsterMom.''
Agreement states a 50/50 on proceeds and joint copyright. Other
person also has a business designing and selling cards/t-shirts
etc. some of which may say ''MonsterMom.''Person also ran a
defunct website ''MonsterMom.com'' and was
DBA as ''MonsterMom''. If our
co-authored book - let's call it ''MonsterMom's Guide to
Cookie-Baking'' is published can other co-author
manufacture spin-off items (shirts/cards etc.) referring to or
containing the Specific Title of our book - without my permission? I
have no argument with the other coauthor manufacturing items that
say MonsterMom, just with specific use of the title of the book. Also
- would the co-author be able to write other books of similar title i.e
: ''MonsterMom's Guide to Vacation Travel'' etc. etc. without my
permission? At the end of the coauthor agreement is the statement
''It is the intention of this Agreement that the authors be entitled to
equal proceeds from the sale of the Work. No other direct or
indirect compensation is anticipated by this agreement.'' It's that
last sentence that has me worried.
2 Answers from Attorneys
Re: CoAuthor copyright regarding spin-off products
I would have to review the agreement and if it does not provide for ownership rights on the name a new agreement may be needed to protect you or a reformation of contract action due to mistake if you believed you retained rights to the name. Call me directly at (619) 222-3504.
Re: CoAuthor copyright regarding spin-off products
You have to look at the agreement and see how the word "Work" is defined. . . that will control. If they defined it as just the monstermom book you're writing together then that's where your compensation will end. . . There are ways to fight this, but it will most likely require litigation. . .
Good Luck.
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