So you want to be a co-author, eh?

Writing a short story or novel with someone else is something that can not only be a lot of fun but is also a great learning experience.  Over time, we develop a writing style and eventually we get trapped into that writing style.  This has a lot of advantages, but it has some disadvantages too such as concealing from you another way to present information.  When we write with a co-author, it forces us to get outside of our comfort zones and adapt to a new writing style.

But, I’m not here to talk about the advantages of having a co-author.  I’m here to talk about your rights and duties as a co-author.  For the most part, this is just meant to be educational; unless you realistically believe your novel will be published, you have nothing to worry about.  I’m going to cover (1) what makes a co-author, (2) copyright, (3) rights of a co-author, and (4) duties of a co-author.  Fun!

What Makes A Co-Author?

So first, what makes a co-author?  If you and your friend both actively decide to be co-authors and write the work together, then the answer is obvious.  But what about when you post your story on YWS and someone suggests to add a paragraph.  Does inserting that paragraph make the person a co-author?  95% of the time, the answer is no.

For the remaining 5% of the time, you have to take a look at a few things.  Lets say the story is only two paragraphs long to begin with.  Adding a third paragraph extends it by 50% (encompassing 33% of the new work).  That sounds pretty substantial.  So one way to judge if someone is a co-author is to look at how much they contribute.

Another (and more popular way) is to look at the intent.  Did both people intend to be co-authors?  If the paragraph is suggested as part of the review process, then the answer would be ‘no’.

Yet, there are tricky areas still.  Suffice to say that for your purposes that unless you both agree explicitly to be co-authors, you shouldn’t worry!

Copyright!

Two people write a short story.  Who owns the copyright?  The answer is, both.  When you have a co-author, both of you hold a copyright in the entire work.  Keep in mind that a copyright is automatic these days, so there’s no need to register the copyright.

Rights of a Co-Author

Since both co-authors own the copyright, do they need permission from one another to use the work?  Not at all.  If you are a co-author you can publish the work, sell it, whatever without permission from the other co-author.  The only thing you can’t do is allow someone else to publish it exclusively.  What that means is you can’t say to HarperCollins (a publisher): “Only you and you alone will publish this.”  To do that, both co-authors need to give their permission.  Or in the case of several co-authors, a majority is necessary.

Duties of a Co-Author

That sounds pretty extreme; your co-author can do anything with the work without your permission?  Here’s the catch though: your co-author has a duty to account.  That means if your co-author profits, then he/she must share those profits 50/50 with you.

As with my other articles on copyright, this is very brief and is meant to just be very basic.  If you have any questions, let me know in the comments.