Kim Pawlak is The Editor of Publishing and Operations for the Textbook Academic Authors Association (TAA). For 20 years, she has been writing about the textbook and the academic industry of authorship and publishing. With the emergence of new printing technologies, collaborative work, whether ghostly or in true partnership, is more frequent. If your publisher`s size seems modest by commercial publishing standards, remember that you are still bound by the same rules as best-selling authors and large commercial publishing companies. The cooperation agreement offers you, preferably under the supervision of a qualified lawyer, the opportunity to create your own private legal body to regulate your creative relationship. Ideally, it`s time to address the most important issues that contributors and collaborators face before the creative process begins. While employees may not be comfortable talking about long-term financial issues or even the death of an employee, it is always easier and inexpensive to deal with these issues in advance than after an argument. Every time you create a copyrighted work with someone else — whether it`s writing a song, a play or a treatment for a television series — a collaboration contract should almost always be designed and signed. There are some main reasons why a cooperation agreement is needed before the authors begin a co-creation relationship, Gillen said. One of these reasons is that standard U.S. copyright rules stipulated that a joint work is a work by two or more authors with the intention of grouping their contributions into inseparable or interdependent parts of a single set“ and „Authors of a common work are co-owners of a copyright in the work.“ What this means, he said, is that each author, as a co-owner, has an unquestionable and proportionate interest to the whole work.
(1) The parties collaborate in the writing of the work and, once completed, the co-owners of the work (or hold the work in the following percentages: 50% of [#1 writers], 50% of [writers #2]). (a) Although it is a work of common paternity, no agreement is valid or enforceable with a third party for the sale or license of the work, unless both parties agree to the agreement, unless it is provided for in paragraph #3 and #5 below. b) None of the parties may voluntarily sell or cede the work or its share without the written consent of the other parties, but the consent is not unreasonable. 9. The parties assure and guarantee that they have the right to conclude this Agreement and that their contribution to the work is entirely original and does not violate any other copyrighted material.