The Artful Jurist

The other day, a friend was talking to me about an artistic project he hopes to have published.  The final work will likely involve some atristic contribution from another person.  I immediately chirped up that a collaboration agreement was in order.  And that advice applies whether you're working with a friend, a relative, or even your own mother.

Some don't quite get why you need a written agreement if the person you're collaborating with is a close friend or relative.  And, maybe in many cases, it isn't absolutely essential.  Your mother isn't likely to try to cheat you, is she?  Well, most people's mothers, anyway.

But here's the part people usually don't think about...

You collaborate on a work of art with your mom.  There's no written agreement between you.  All goes just swimmingly...that is, until the day when, as is the ultimate finale for us all, Mom passes away.  At that point, what happens to all of Mom's stuff.  Well, it passes to her heirs, either through a will or trust or through the laws of intestate succession.  And, by "Mom's stuff," that also means any copyrights she holds at the time of her death.  Suddenly, part of the copyright on your joint artistic project belongs to someone other than Mom -- maybe a sibbling or sibblings; or Mom's spouse at the time of her demise; or someone else who, for whatever reason, has a claim on her estate.  Now suddenly you're in a joint authorship arrangement with someone you never intended to be a part of it, and your copyright (with all its accompanying rights) is being shared with that unintended partner.

Now that might all work out just fine.  But, then again, depending on who that unintended future partner is, it might not.

Moral of the story:  there are good reasons to have a written collaboration agreement with whomever you work...even Mom.