COLLABORATIONS FROM A PUBLISHER'S PERSPECTIVE

 If a work meets the Copyright Act requirements for a joint work, the authors will be equal co- owners of the copyright in that work. Publishers often assume that it is up to the authors to work out any differences that they may have with respect to the work, and that the failure of the authors to do so will not affect the publisher. However, this is not always the case. A publisher that fails to determine if the authors have agreed on all of the key issues relating to a work may find itself in the middle of a battle between the authors. This can create problems for the publisher, particularly if the book has already been printed and the authors' dispute is over material included in the book, the credits displayed on the cover of the book, or other elements that cannot be changed without reprinting the entire book. 

In order to avoid landing in the middle of a dispute between the authors, a publisher should encourage the authors to enter into a collaboration agreementIn order to avoid landing in the middle of a dispute between the authors, a publisher should encourage the authors to enter into a collaboration agreement., and the publisher should obtain a copy of that agreement. In addition, whether the authors are willing to enter into a collaboration agreement or not, the publisher should insure that the following issues are covered in the Publishing Agreement:

Publishers that cover these issues in their publishing agreements will greatly reduce the potential for unwelcome surprises from author collaborations.