Legal Question in Intellectual Property in Illinois

If 2 people are trying to write a book collaboratively but they can not compromise or settle their differences and one goes on to rewrite the whole story on their own using characters that were part of the collaboration and submit it to a publisher, legally is there anything owed to the second party?


Asked on 2/01/10, 8:51 pm

1 Answer from Attorneys

Bruce Burdick Burdick Law Firm

NO. Each author in a joint work has an undivided interest in the whole work and can exploit it independently of the other author UNLESS there is an agreement to the contrary. And, if the agreement is not reduced to writing it is difficult to prove. This is why joint authors need to have a written agreement as to what happens should they split, otherwise your situation can happen. So, consider it a lesson in the school of hard knocks and don't do that again without some written agreement.

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Answered on 2/07/10, 8:27 am


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