When a Collaboration Heads South

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rebmacrath

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Two things, right off: it is good to be back...and I need some hardhitting AW advice.

Backstory: After completing the novel I'd worked on while I frequented here, I made a tough decision. We only get so many chances--and this wasn't the right book to lead with in the series that I had in mind. Too dark, too violent, too any other adjective that popped into my mind. The few agents whom I showed the book claimed the first person p.o.v by a sideline character distanced them from the hero. I made a tough decision: to lead off with another story that had in my mind for years--and which I'd tried to write, in one form or another, since 1993. I experimented, using the hero's p.o.v...and things began to fall into place.

Dramatic ironing: A wrinkle soon arose. A press release alerted me to a juggernaut arriving from a well-known Hollywood name sometime in 2012. Though our storylines differed completely, I felt the need to put on speed--and to have my own novel completed before the juggernaut arrived.

Enter the partner: I contacted a past pro contact, B, who's collaborated several times and has authored 65 novels: s/f, mystery, YA. He agreed to partner up and we devised our strategy, without a written contract. I'd send me the first section of 80 pages, as polished as I could make them. And he'd go to town on these, working his magic where I was weak: transitions, gestures, techno details, etc. Meanwhile, I'd be prepping the next, longer section while waiting for his rewrite.

Long story made short: B's rewrite of the opening pages, which I received in June, was first-rate. Since then, though, I've had nothing but promises to send the rewrite of the second section...and even look at the balance of the book, sent him in following chunks. E-mails have grown more sporadic, usually informing me that he's looking after his mother again. I've stepped up the pressure, politely insisting that I really need to know when the next pages are coming. Nothing.

My goal: I want to proceed on this solo, since the project will be tanked if all I do is sit and hope for the best. Actually, I told B a few weeks ago that if he could simply send me the changed copy for the second section, I'd be willing to regard his partner duties as complete--provided he review the completed manuscript. No response once again. I've gone on to rewrite section 2 myself and am prepared to go through the first pages again, removing all trace of B's presence.

Question: Am I right in claiming ownership since B is in default and the the concept/plotline/characters are mine and I roughed out the entire story? What action do I need to take beyond telling him, in an e-mail, today of my wish to go on with this solo? Do I need to go through the expense of an attorney?

Final points: The book has had numerous forms, as I said. A few years ago, I pitched it under a different title with a different cast of characters. Luckily, in my queries, I didn't spell out the novel's Almighty Shockeroo (now connected to the juggernaut). I hope I'm right in thinking that I'm covered by the files of query letters, flash drives of drafts of that manuscript too.

Ladies and gentlemen, I thank you in advance. And I want you to know I have much thicker skin since my time in Query Hell. :) I invited 5 beta readers to sneak-peak the first fifty pages. And these readers ranged from pros to savvy genre fans. They offered terrific, insightful advice that I was grateful to get before my baby makes the rounds.

Cheers!
 

MarkEsq

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Two things, right off: it is good to be back...and I need some hardhitting AW advice.

Backstory: After completing the novel I'd worked on while I frequented here, I made a tough decision. We only get so many chances--and this wasn't the right book to lead with in the series that I had in mind. Too dark, too violent, too any other adjective that popped into my mind. The few agents whom I showed the book claimed the first person p.o.v by a sideline character distanced them from the hero. I made a tough decision: to lead off with another story that had in my mind for years--and which I'd tried to write, in one form or another, since 1993. I experimented, using the hero's p.o.v...and things began to fall into place.

Dramatic ironing: A wrinkle soon arose. A press release alerted me to a juggernaut arriving from a well-known Hollywood name sometime in 2012. Though our storylines differed completely, I felt the need to put on speed--and to have my own novel completed before the juggernaut arrived.

Enter the partner: I contacted a past pro contact, B, who's collaborated several times and has authored 65 novels: s/f, mystery, YA. He agreed to partner up and we devised our strategy, without a written contract. I'd send me the first section of 80 pages, as polished as I could make them. And he'd go to town on these, working his magic where I was weak: transitions, gestures, techno details, etc. Meanwhile, I'd be prepping the next, longer section while waiting for his rewrite.

Long story made short: B's rewrite of the opening pages, which I received in June, was first-rate. Since then, though, I've had nothing but promises to send the rewrite of the second section...and even look at the balance of the book, sent him in following chunks. E-mails have grown more sporadic, usually informing me that he's looking after his mother again. I've stepped up the pressure, politely insisting that I really need to know when the next pages are coming. Nothing.

My goal: I want to proceed on this solo, since the project will be tanked if all I do is sit and hope for the best. Actually, I told B a few weeks ago that if he could simply send me the changed copy for the second section, I'd be willing to regard his partner duties as complete--provided he review the completed manuscript. No response once again. I've gone on to rewrite section 2 myself and am prepared to go through the first pages again, removing all trace of B's presence.

Question: Am I right in claiming ownership since B is in default and the the concept/plotline/characters are mine and I roughed out the entire story? What action do I need to take beyond telling him, in an e-mail, today of my wish to go on with this solo? Do I need to go through the expense of an attorney?

Final points: The book has had numerous forms, as I said. A few years ago, I pitched it under a different title with a different cast of characters. Luckily, in my queries, I didn't spell out the novel's Almighty Shockeroo (now connected to the juggernaut). I hope I'm right in thinking that I'm covered by the files of query letters, flash drives of drafts of that manuscript too.

Ladies and gentlemen, I thank you in advance. And I want you to know I have much thicker skin since my time in Query Hell. :) I invited 5 beta readers to sneak-peak the first fifty pages. And these readers ranged from pros to savvy genre fans. They offered terrific, insightful advice that I was grateful to get before my baby makes the rounds.

Cheers!

Welcome back. Now, I hate to say this, but it sounds like you need a lawyer. I am one, but would never give advice on a situation like this in a public forum. And any advice worth getting is worth paying for. Here you'll get lots of opinions but beware taking a course of action based on lay opinions. Even the intelligent ones you'll get here.

If this is a serious project and you seriously want to make sure you're safe, consult a lawyer who had experience in contract law in the state where you live. And the state where B lives.
 

Maryn

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I'm not a lawyer, but I slept with one last night.

I second Mark's advice. You don't need AW's collective wisdom but that of an in-person, face-to-face attorney who will expect to be paid to study the details of this situation and tell you what your legal options are.

Maryn, whose lawyer snores
 

Christyp

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Welcome back. Now, I hate to say this, but it sounds like you need a lawyer. I am one, but would never give advice on a situation like this in a public forum. And any advice worth getting is worth paying for. Here you'll get lots of opinions but beware taking a course of action based on lay opinions. Even the intelligent ones you'll get here.

If this is a serious project and you seriously want to make sure you're safe, consult a lawyer who had experience in contract law in the state where you live. And the state where B lives.

I second and third Maryn and MarkEsq...you may be looking at a problem, legally speaking. Any advice given by us would be nothing more than opinions, and you know what they say about those. Call a buddy who happens to be a lawyer, or find someone who specializes in Intellectual properties. They'll know the best course of action.
 

Karen Junker

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I'm not a lawyer and I have no advice to give you that hasn't already been given, but I just wanted to say how sorry I am that this is happening to you.
 

rebmacrath

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Sincere thanks for your responses. I'll keep the tentative appointment I'd already made with an intellectual properties attorney. My now ex-partner continues to ignore the e-mails I sent him. His agent has declined to get involved. Common sense tells me this isn't very good--and because the 'competing' juggernaut I mentioned confirms the commercial appeal, the worst course of action for me would be to sit here and for the best. Theft abounds. For all I know, my ex-partner is swamped with teaching/family duties and is unable to handle any sort of confrontation. Maybe so. But my top priority has to be confirming the provenance of my near-completed ms., documenting my correspondence with X and his statement that this is my baby. I also want it documented that I've been in touch with his agent, etc. And I have to know I can proceed with the writing and, soon, querying of agents. Wish me well. What a drag this is, to have slaved at something for nearly twenty years...finally found the right form and right voice...and have to deal with this outrageous crap.
 
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Filigree

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Always treat artistic collaboration with the care and foresight you'd reserve for a prenuptial agreement. It doesn't have to mean a lack of love and trust, just protection for both sides.

My disastrous first collaboration killed my unrelated first novel, and may yet rear its ugly head if I ever become a really successful writer.
 

rebmacrath

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An update for the record:

I did hear, finally, from X, who agreed to an amicable parting and detailed the circumstances behind his silence: an ailing parent, teaching obligations, etc. I'm satisfied--and relieved that we've parted as friends. Meanwhile, on with the book. And, with this behind me, I'll be hitting the boards more intensely as I whip my baby into shape.

Cheers to all of you.
 

Dr.Gonzo

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An update for the record:

I did hear, finally, from X, who agreed to an amicable parting and detailed the circumstances behind his silence: an ailing parent, teaching obligations, etc. I'm satisfied--and relieved that we've parted as friends. Meanwhile, on with the book. And, with this behind me, I'll be hitting the boards more intensely as I whip my baby into shape.

Cheers to all of you.

I'm glad it worked out for you. Were you not annoyed that he managed to find time to change his letter? lol
 
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