dissolve the property if during the course of the marriage in approximately november of two thousand and three the respondent mr shelton wrote a forty page test which was completed and prior to its compilation in its publishable form on september fourteenth of two thousand and old when shit didn't exist in existed its final form but it had been drafted the drafts of the it's referenced here was the subject of the contract the literary work their rules are literary work and this is the point this is a fallacy in my view of the petitioners intended that's not true but do you agree that this question presumes then the question presumes that and west of it doesn't reflect back to get well do you think that it's an all or nothing proposition in other words can i us to answer it seems to me presumes that the literary work which was not the final form was the subject of the contract well and the bottom matters in this case the literary work which was not a form was not separate different the same works but that act says they all have value they derivative sections of the copyright and each and every one has value so whether it's a draft whether it's a final version whether it's an court to award the petitioner acquittal distribution or portion of that which was created by the personal efforts of skill and energy of the spouse during the marriage how is clear that the personal effort of a spouse personal skill after an energy of a spouse expended during the marriage constitutes marital property and the law is clear that any resulting economic benefit from a spouse is personal effort during the marriage is also marital property even those economic benefits are received after the divorce for the draft that what was called the tremendous potential i think that was the language  the moslem that's correct it had the potential but it didn't have a completion that that's right ok and we maintain that a literary work does not have to be finished prior to the date those comments were made to address the wife's argument that all of these future will be payments are analogous to contingent attorney fees and therefore speculative as to value but we've also started for the court three other author wife spouse had a number of unfinished books and of course still the word the husband in that case a share of the royalties because he's unfinished books form the foundation production and even though those were the fast the court ordered the wife half of the economic benefits derived there from on the basis that it was the effort of the energy expended some of crystal agreed during the course of the marriage we started for you to hazard basic council mention that was the case where a spouse had developed and created a medical device that at the time of the dissolution had according to them no marketable question of how finished it has been can you have a text or a manuscript or a book and completed all steps for the last paragraph to the source for the claim that it's not property week after the divorce finished the book have the final copyright come into existence and claim that it's all on our marital property that's the key problem with this case if you accept the responding theory in asked to resolve are different and that's really my trouble here the way this question is worded if it's making as presumption that the literary work which was the subject of the contract ok because it says is a marital property there's this presumption here that i'm having a lot of trouble with because you all are arguing pieces of it you're arguing there's a draft but that's not decided they would they were able to evaluate what piece or how much not fifty percent but less than fifty percent perhaps right and so if you have a draft that becomes a derivative work that's published it seems that the court could if it is marital property could easily do the same way again how much of this was really my personal effort time etc that evolved into this book because i don't know what the literary work is it seems to me that the literary work as brazen is the one that was under contract and there were two under contract a list look list let's clear that up the life you believe that what we're asking for copy but we're not the property interests in this case that was contributed by the respondent created by him by his personal efforts during the course of the marriage that is the manuscript and i disagree dissolution and i disagree with the council list when he said he's written what chapters one through four were written prior to the dissolution of marriage by going for the responded in his name as his agent chapters economic benefits from his contributions so the poor girl since this whole contribution to this was done prior to the dissolution everything that he received in exchange is marital  contributed read by the personal effort of a spouse through marriage can be determined to be america property and the answer there is no you do not need to finish the publication before the data gets lu that literary work constitute marital proper the property interest that creates economic benefit for a start the property interest creates the economic benefits is copyright if the copyright becomes includes distance after they've dissolution any resulting economic benefits therefore i can only exist after the date of the dissolution according to their theory if the copyright comes into existence after that they're just lucian the economic benefits just rise anti christ there could be the abridgement and there could be the fourth one yes me and all of them have the same material and well and quite frankly we don't care what the court does with the copyright it's not it's not the copyrights and we're asking the court to divide the copyright is separate from the economic benefits that are derived from the personal effort of a spouse during the marriage of the bride to be case makes that clear in the concede that it would be difficult to devalue which we haven't i haven't been allowed to conduct any discovery or for that judge but let's assume for the sake of me answer your question that it is difficult to value the case law says it when you have a property interest which we do that has intrinsic value or it stage of development which it does it's appropriate to make an award based literary work at the time of dissolution but they knew they had a valuable property interest and they divided it percentage wise if and if and when those a property interest that manuscript in the first four chapters differences we were well on the writing of in a crisis the day of the dissolution do you think that there would be experts in the field of literary works and publications who put where you can acknowledge that the valuation is difficult but if you have a property right as an intrinsic value in tremendous potential you don't necessarily have to nail down a specific dollar figure you can say do some promotions the books make some appearances and so forth i mean she actually ended up aborting the office about seventy five percent and then on all her spouse twenty five percent they took into account personal wrote during america was a part of something else if it was do you disagree with his statement about chapters one through four left with some chapters one through four not the same