Legal Question in Business Law in Illinois

Publishing book using another person's name in another country

Author resides outside of USA. Author would like to use a reputable online publisher whom does business in USA. Author would like to use a US Citizens name as the author of the book. The author feels the US Citizen's background would be more appealing to audience. The citizen is agreeable to the situation. Agreement between the author and the citizen is any royalties would be paid to the citizen in which he will pay the appropriate amount to the author.

Is this legal in the US?

Is there any liablilities for the US citizen?

Recommendations for a contract to be drawn up?


Asked on 1/15/06, 5:29 am

2 Answers from Attorneys

Kelly Bennett Bennett Law Offices

Re: Publishing book using another person's name in another country

One may certainly publish under a "pen name". You have asked a number of questions that involve a good deal of complexities to answer and is not best answered over a bulletin board messaging system. You should contact an attorney. Feel free to contact my office to discuss in detail.

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Answered on 1/16/06, 4:15 pm
A. Olusanjo Omoniyi Omoniyi Law Firm, P. C.

Re: Publishing book using another person's name in another country

This scenario needs a contract that ensures that all parties dot their "i" and cross their "t" based on the fact that the person who is lending his name to the publication as the author(in this instance the well-known person) and the real author may not have fully considered the implications of their oral agreement. Check not only with both parties but the role of the publishing company as well. Issues to consider, the subject matter of the book, intellectual property rights, sales prospect, royalties, marketing, even mundane issue like whose face will grace the book signing ceremonies, etc. As you can see, the issues you raised go beyond just business relationships you need to think about the intellectual property law as well. If you need more information, contact my office. Best regards.

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Answered on 1/16/06, 6:21 pm


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