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Q: Copyrights and Contract Laws Involving Minors in the State of Maryland ( No Answer,   1 Comment )
Question  
Subject: Copyrights and Contract Laws Involving Minors in the State of Maryland
Category: Miscellaneous
Asked by: karenperalta-ga
List Price: $25.00
Posted: 17 Jul 2005 14:22 PDT
Expires: 18 Jul 2005 15:32 PDT
Question ID: 544599
I need to know contract signing laws regarding the copyrightsto a
written manuscript, both while it's being written and once it's been
written, under the Work for Hire basis when it comes to someone else
writing a book for a minor (17 years old as of the signing of the
contract, which has not yet been signed) in the State of Maryland. The
work for hire will be performed through the State of Washington by a
legal adult in yet another State of the USA. We don't know which one
yet, but the worker who is the ghost writer will be an adult signing a
Contract with the ghost writing company in Washington State to work
for hire for the minor in Maryland.

To keep it simple: a 17 year old minor in Maryland needs to legally
sign a Contract with a ghost writing corporation in Washington State
which involves said minor keeping full copyrights to her ghost written
work, which will be a book manuscript.

Also, can said minor or the company in Washington, as her
representative, register her work with the US Copyrights Office and
get her an ISBN number, too? Registering her work would give her
certain protections regarding her work under the law, and would also
file a copy of her work with the Library of Congress.
Answer  
There is no answer at this time.

Comments  
Subject: Re: Copyrights and Contract Laws Involving Minors in the State of Maryland
From: ipfan-ga on 18 Jul 2005 14:37 PDT
 
1. The 17 year old does not have capacity to contract, and thus any
contract she signs before she turns 18 will be voidable at the
instance of the minor, meaning that she can disavow it and walk away
without performing her contractual obligations without liability for
breach.  She can only void it before she turns 18; once she turns 18
the contract will be ratified and become binding if she does not work
to void it immediately after attaining majority. Thus, the better
course is to wait for her to attain majority before she signs the
contract.  If she cannot wait, then her parent or legal guardian can
sign the contract in her behalf, signing as her parent or legal
guardian.  Note, though, that this acts to bind the parent or legal
guardian, not the minor, since minors cannot contract.  Thus, the
parent could sign now and the girl could sign a new contract with the
ghost writer when she turns 18, signing in her own behalf.  Note that
she ~could~ sign it now, but the ghost writer would be stupid to
countersign since the contract could be voided by the minor with
impunity.  If the ghost writer trusts the minor, they could sign now,
and the minor could affirmatively ratify it after attaining
majority--that would work, too.

2.	Make sure that the contract ASSIGNS to the girl the copyright in
the work.  That is critical is she wants to keep the copyright. 
Otherwise,  the ghost writer would own all or some of the copyrights. 
If I hire a ghost writer and sit in a room with them and dictate a
story verbally and the ghost writer writes it all down and makes a
book, the ghost writer owns the copyright in the book (on the facts
you?ve presented).  The Washington corporation must assign the
copyrights in the work to the girl in writing.

3.  The author must register the copyright.  Once the Washington
corporation assigns to her the copyright, she will be the author for
purpose of copyright registration.  A minor can register a copyright
in a work of which they are the author.  But she will not be the
author?or the whole author?until the ghost writer assigns the
copyright to her.  You should get the contract signed first, then when
the work is completed the girl can register the copyright in her own
behalf using Form TX and a copy of the completed work.  The ghost
writer should have no residual interest in the work if the contract is
written correctly.

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