A: Stephen
E. Gillen, Authoring Attorney, Greenebaum Doll & McDonald PLLC:
"Taking on 100
percent of the writing responsibility is essentially a new deal necessitating
some change in the terms of the relationship (royalty share,
to name but one important term). There is no magic to how this change
in the relationship is memorialized. It can be by amendment or addendum
or by substituting a new contract. What is important is that, however
it is memorialized, you capture all of the relevant changes.
That said, if
the publisher offers a new agreement on its 'revised form,' the
author needs to take the time to compare the new form line-for-line
with the old one to be sure s/he spots and understands each and
every change. Publishers do not revise their forms for fun. Every
change is there for a reason. And the reason is not typically as a show
of support for the authors benevolence society."
A: Zick
Rubin, The Law Office of Zick Rubin, Publishing / Copyright
/ Trademark:
"The retirement
of your coauthor can spur some useful give and take with your
publisher. One reason for this relates to Steve Gillen's very useful
response to your posting: If your contract is an old one, the
publisher may wish to substitute its newer boilerplate. Call it evolution.
But you have a contract in force, and you and your coauthor don't have
to accept the new boilerplate. This could provide a negotiating opportunity:
the publisher gets certain boilerplate changes that it wants, and in
return you get some concessions that you want. The hoped-for result
(if we assume for our purposes that publishers and authors belong
to different species): a continued and mutually beneficial symbiosis.
[From my online dictionary: '(sym·bi·o·sis
(si˜m'bï-ÿ'si˜s, -b¥-) n., pl. -ses (-sïz). Biology.
A close, prolonged association between two or more different organisms
of different species that may, but does not necessarily, benefit each
member.']"