Frank Oddo v. Jack W. Ries, Mme Publications, Mme Publishing Company and Material Movement Enterprises

In the guise of a copyright infringement suit, this case presents an accounting problem between two partners. Ries and his codefendants appeal from a judgment awarding Oddo $10,000 statutory damages for infringement, $20,000 attorneys’ fees, general damages of $1,000, and costs of suit.

Oddo and Ries entered into a partnership in March 1978 to create and publish a book describing how to restore Ford F-100 pickup trucks. According to the partnership agreement, Ries was to provide capital and supervise the business end of the venture; Oddo was to write and edit the book. By January 1980, Oddo had delivered to Ries a manuscript that contained much but not all of the material the partners planned to include in the book. This manuscript consisted partly of a reworking of previously published magazine articles that Oddo had written and partly of new material, also written by Oddo, that had never before been published.

At about the same time, Ries became dissatisfied with the progress Oddo had made on the manuscript. Ries hired another writer to complete Oddo’s manuscript, and then published the finished product. The book that Ries eventually published contained substantial quantities…