My brother and I were working on a book, he as the writer and me doing the administrative end. I have his writings which I am now compiling, they are/were still all in handwritten form. In the interim, sadly so my brother passed away before we could complete the project. I promised him I would complete it just before he passed. Here is the tricky part, his writings were from the view of a fictional character he created. Would I be correct in saying he was writing in the second party? If that is correct could I venture to say I am writing in the third party? I hope I am not making this too confusing, LOL... I also need advice as to titling. I figured I would put my brother name as the author (he created the character and wrote the stories). I thought what would I put alongside my name as I am bringing it to fruition? Would I be considered the Co-Author? I am truly grateful for any help you can give me. Thank you and have a wonderful day!
I've never heard the phrase "second party"... possibly you mean "second person" or "third person"? If so, no, it's not a question of who's writing the story, it's a question of how the story is written (in terms of pronouns, mostly). If the story is written as: I woke up to a dragon's hot breath on my face - 1st person You woke up to a dragon's hot breath on your face - 2nd person She woke up to a dragon's hot breath on her face - 3rd person In terms of giving credit for the work, I'd say that if your brother came up with the story and the words, then he's the author. If you tidied up the prose and fixed some errors, then you might be the editor. If all you did was type it up, then I think you're just the typist (which in not a person who is usually given credit in a book).
I agree with Bayview - if you are trad publishing the publisher will sort this out... if you are self publishing you'll need to do the amazon etc forms in your name, but put your brothers name in the 'author name' slot - as you would if you were using a pen name. You have to certify that you have the right to publish the work - and although they generally just take it as read amazon sometimes require proof - in that case you will need to explain the circumstances and it will help if your brother put anything in writing (as in say a will) You might wish to put either a foreword or more probably a note in the back matter explaining that your brother passed on before the project was completed and you are publishing it in his memory
Speaking in terms of the U.S. only (may be different in other countries): Your brother would have had copyright in anything he created. If he had a will, then that copyright would have passed according to his will. If he did not have a will, then it would have passed according to statute in whatever state he lived. For example, in California it may go to a spouse (if community property), children if no spouse, parents if there is no spouse and no children, etc. In other words, just because he passed doesn't mean his copyright is extinguished. It still exists, and someone has those rights. It might be you, but there's a good chance it isn't, so you'll want to check.
Thank you, everyone, for your replies they gave me much insight and help. Have a wonderful holiday weekend.
